STATE OF H P Vs. SURESH PRATAP

JUDGEMENT

(1.) Through the instant appeal the State of Himachal Pradesh concerts before this Court qua the sentence imposed upon the convict/accused holding no commensuration vis-à-vis the gravity of the offence for which he stood convicted.

(2.) Given the limited prayer aforesaid urged in the instant appeal preferred herebefore by the State of Himachal Pradesh enjoins this Court to, from the relevant incriminatory circumstances relied upon by the learned trial Court for recording an order of conviction against the accused, cull out therefrom besides from the attending material qua the consequent sentence imposed upon the accused/convict warranting interference.

(3.) Dehors the sustainable incriminatory evidence vis-à-vis the accused/convict, the predominant fact of his holding conscious and exclusive possession of a minimal quantity of 450 grams of charas, resin content wherein was 136 grams, per se renders the sentence of imprisonment of two years imposed upon him by the learned trial Court to not suffer from any vice of legal invalidation. Even if a sentence higher than the sentence of imprisonment aforesaid imposed upon the convict/accused by the learned trial Court is legally imposable upon the accused/convict also any laxity in imposition upon him of the highest quantum of a term of imprisonment for the charge qua which he stood convicted would depart from the solemn duty of this Court to keep society free from the menace of proliferation of contraband.