(1.) APPELLANT -convict Rakesh Kumar has assailed the judgment dated 12.8.2014/13.8.2014, passed by learned Special Judge -I, Sirmaur District at Nahan, H.P., in Sessions Trial No. 26 -ST/7 of 2013, titled as State of Himachal Pradesh vs. Rakesh Kumar and another, whereby he stands convicted and sentenced to undergo rigorous imprisonment for a period of eight years and pay fine of Rs. 80,000/ - in relation to an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and in default thereof, to further undergo simple imprisonment for a period of six months.
(2.) IN relation to an F.I.R. No. 8, dated 28.1.2013, registered at Police Station Rajgarh, Distt. Sirmaur, H.P., accused Rakesh Kumar (appellant herein) and co -accused Siya Ram were charged for having committed an offence punishable under the provisions of Section 20 of the Act. Vide impugned judgment dated 12.8.2014/13.8.2014, trial Court convicted both the accused in relation to the charged offence for they were found possessing 885 grams of charas without any lawful authority and sentenced as aforesaid.
(3.) CONVICT Rakesh Kumar (appellant herein) as also convict Siya Ram (appellant in Cr. Appeal No. 341 of 2014) assailed the judgment by filing separate appeals, which were clubbed and heard together. However on 27th February, 2015, these appeals were delinked and Cr. Appeal No. 341 of 2014 so filed by convict Siya Ram was disposed of vide separate judgment of that date. Without laying challenge to the findings returned by the trial Court, Siya Ram pleaded for reduction of quantum of sentence which, taking into account the overall attending circumstances, was so done. His sentence was reduced for a period of five years.