STATE OF HIMACHAL PRADESH Vs. SHYAMA NAND

JUDGEMENT

(1.) This is an appeal under Sec. 377 of the Code of Criminal Procedure for enhancement of the sentence imposed by the learned Chief Judicial Magistrate, Kalpa, on Shyama Nand Respondent under Sec. 9 of the Opium Act.

(2.) The Kalpa police received information that the accused, a resident of village Chhitkul, had gone to Uttar Pradesh for the purchase of contraband opium and would be coming there for the sale of the opium. A 'Nakabandi' was organised by the police at Pul -Hurba on 14 -7 -1975. The accused returned on 16 -7 -1975 and was intercepted by the police. They found that he was carrying a Pithu on his back, in which he was carrying 5 -1/2 kg opium wrapped in a wax -bag. 100 grams of opium was taken as a sample. The sample and the remaining opium were separately sealed. A Ruqa was sent to the S.H.O. Kalpa, on the basis of which an F.I.R. No. 41, dated 16 -7 -1975 under Sec. 9/1/78 of the Opium Act was registered against Shyama Nand, accused.

(3.) Challan was put in the court. The accused pleaded guilty to the charge and the learned Magistrate convicted and sentenced the accused to pay a fine of Rs. 1000/ - and also to undergo simple imprisonment for seven days. The contention of the State is that this sentence is quite inadequate and that the same may be enhanced.