VIRENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal, the challenge is to the judgment of conviction and sentence passed by the learned trial Court in Sessions Trial No.15 of 2010, decided on 8.8.2011, whereby learned trial Court sentenced the appellant, hereinafter to be referred as the accused to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs 20,000/- for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act , based upon the percentage of the Cannabis plant in the recovered stuff, which came to be 321 grams.

(2.) The appeal was admitted for hearing on 26.9.2011. The sentence passed against the accused was ordered to be suspended on his furnishing the personal bonds in the sum of Rs 50,000/- with one surety of the like amount, to the satisfaction of the learned trial Court and also to deposit the fine amount within 30 days. The time was further extended, but still neither the bonds were furnished nor fine amount was deposited, thus he was required to surrender before the learned trial Court on 28.2.2011.

(3.) Shri Raman Sethi, learned counsel for the accused submitted that the accused had already surrendered before the learned trial Court and has been sent to Jail. Learned counsel stated that he is ready and willing to argue the appeal on merits today itself. Learned Additional Advocate General did not object to it, as such, arguments heard in detail.