July 8, 2016

High Court upheald the sentence passed by trial court

Vijyender Sharma
SHIMLA----The High Court today upheald the sentence passed by  trial court against the convicted Jaga Singh for commission of  an offence U/s 20-61-85 of Narcotic Drugs and Psychotropic Substance Act; 1985 wherein, the accused was sentenced to rigorous imprisonment for ten years and fine to tune of Rs. one lac.

   Division Bench comprising of the Justice Dharam Chand Chaudhary and Justice Sureshwer Thakur passed these orders in a Criminal Appeal preferred by the accused Joga Singh against the State who was convicted & Sentenced by the Session Judge, Shimla vide  Judgment dated  29.10.2012.

            The convict Joga Singh a resident of Patiala was caught by the police during patrolling on 16.05.2012 near Shogi with 1.300 grams of Charas on such FIR was registered at Police Station CID Bharari, Shimla. Total six witnesses were examined by the prosecution to prove the offence before he trial court. And it was observed by the trial court that commercial business is spoiling life of youth. Youth is wealth of Nation and no one can be allowed to damage wealth of nation for personal commercial benefit. Keeping in view the interest of state and general public the convict was sentenced to rigorous imprisonment for ten years by the trial court.

            Division bench of the High Court in the matter was satisfied that trial court has not committed any illegality or irregularity while arriving at the conclusion that prosecution has proved its case against the accused beyond all reasonable doubt. The accused has thereafter, been rightly convicted and sentenced. The impugned judgment can not be said to be legally and factually unsustainable. The same as such is affirmed. The appeal fails and the same is accordingly dismissed.


**VijyenderSharma*, Press Correspondent Bohan Dehra Road  JAWALAMUKHI-176031, Kangra HP(INDIA)*
 
Contact Number is  09736276343Mobile





No comments: