NAND LAL Vs. UNKNOWN

JUDGEMENT

(1.) A perusal of the impugned judgment dated 01-04-2019, reveals that the quantity of total bulk, was 800 grams of Charas. Under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as 'the NDPS Act '), maximum sentence which can be imposed for possessing intermediate quantity of Charas i.e. greater than 100 grams and less than 1Kg, may extend up to 10 years.

(2.) Under the 'The High Court of Himachal Pradesh (Appellate Side) Rules, 1997 (from now on referred to as 'the Rules'), the matters where imprisonment can extend up to 10 years, are to be heard by a Division Bench and not by Single Bench.

(3.) Rule 3 deals with the matters to be heard by a Bench of two Judges. Rule 3 (ii) is relevant for the present order and it is extracted as under:-