STATE OF HIMACHAL PRADESH Vs. SHER SINGH

JUDGEMENT

(1.) HEARD For the reasons stated in the application, delay condoned. Application is disposed of. Cr. A. No. 531/2008

(2.) HEARD and cone through the record. State has appealed against the judgment of Special Judge, Mandi, whereby respondent Sher Singh, who was tried for offence, under Section 20(ii)(B) for possessing 250 grams of charas, has finally been convicted of offence punishable, under Section 20(ii)(A) and sentenced to undergo imprisonment for the period for which he had already been in custody, i.e. 12 days and to pay fine of Rs. 2000/ -, in default of payment of fine to undergo simple imprisonment for three days.

(3.) AS regards the second contention, the maximum punishment prescribed for the offence of possessing small quantity of charas is six months imprisonment or Rs. 10,000/ - fine. Looking to the quantity of the charas, recovered from the respondent, as also the maximum punishment prescribed for possessing such quantity, we do not think, the trial Court has committed so serious an illegality as to call for interference in its judgment, by this Court. Hence, the appeal is dismissed.