Himachal Pradesh High Court
Hira Singh And Another vs Union Of India And Another on 23 August, 2018
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
Cr. Appeal No. 439 of 2008.
23.8.2018 Present: Mr. Vinod Thakur and Mr. Sudhir Bhatnagar, Addl. A.Gs., .
with Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs., for the appellant.
Mr. Tara Singh Chauhan, Advocate, for the respondent.
This appeal by the State is for enhancement of the sentence. It is not in dispute that the respondent was found to be in possession of 1 Kg of Charas. However, as per the report of the Chemical Analyst, the resin quantity in the contraband was found only to be 34.80% and accordingly, the learned Sessions Judge convicted the accused for two years with fine of Rs.20,000/-.
The precise question whether the entire bulk is counted to be Charas or only the resin quantity thereof would be counted for the purpose of conviction and sentence, is pending adjudication before the Hon'ble Supreme Court in Cr. Appeal No. 722 of 2017 titled Hira Singh and another vs. Union of India and another.
Accordingly, this appeal is adjourned sine die. Liberty is reserved to the parties to make mention of this appeal as and when the aforesaid appeal is decided by the Hon'ble Supreme Court.
(Tarlok Singh Chauhan), Judge 23rd August, 2018. (Chander Bhusan Barowalia), (GR) Judge ::: Downloaded on - 24/08/2018 23:09:12 :::HCHP