MEHAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 21st March, 2007 passed by the Special Judge, Mandi, in Sessions Trial No. 49 of 2004, titled as State v. Mehar Singh, whereby the present appellant has been charged and convicted of an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for five years and fine of Rs.50,000/- and in default thereof, to further undergo imprisonment for six months. 1 Whether reporters of Local Papers may be allowed to see the judgment?

(2.) AFTER making a detailed submission, the learned counsel for the appellant restricted his submissions with regard to the quantum of sentence only and in this regard has relied upon a decision of this Court reported in Dharam Pal v. State of H.P. (Latest HLJ 2007 (HP) 827).

(3.) IN view of the fact that the total quantity of Charas recovered from the appellant is not 500 gms. but 161 gms. which is above small quantity and less than commercial quantity, therefore, in my view, the sentence needs to be reduced from 5 years to 3 years and fine from Rs.50,000/- to Rs.20,000/- and in default of payment of the same to further undergo rigorous imprisonment for 3 months. Ordered accordingly.