STATE OF HIMACHAL PRADESH Vs. FUKUNAGA GUN

JUDGEMENT

(1.) By way of instant appeal, the appellant-State has assailed the sentence imposed upon convict/ respondent by learned Special Judge-II, Kullu, H.P. vide order dtd. 1/4/2019 passed in Sessions Trial No. 10 of 2017 on the ground of its inadequacy.

(2.) The respondent was charged for commission of offences under Ss. 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act) by learned Special Judge-II, Kullu with the allegations that on 4/9/2016 at about 11.10 p.m. the respondent was found in exclusive and conscious possession of 475 grams of cannabis/charas and 48 grams of opium unauthorisedly while travelling in Bus No.HP-19B-6341.

(3.) The prosecution examined seven witnesses. On 1/4/2019, respondent pleaded guilty and on the same day, learned trial Court convicted the respondent for offences under Ss. 18 and 20 of the ND&PS Act in the following terms: