Shiv Ram vs State Of Himachal Pradesh

In the present case the appellant and one Sita Ram were charged of having committed offences punishable under Section 20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Both the accused were acquitted by the trial Court. In an appeal preferred by the State, the High Court affirmed the acquittal of co-accused Sita Ram but convicted the present appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to suffer 20 years of imprisonment alongwith fine and sentence in default of payment of fine sentenced to undergo rigorous imprisonment of six months.

We have gone through the judgment of the High Court and are prima facie satisfied that the reasons which weighed with the trial Court while recording acquittal were not dealt with by the High Court.

In our view, the appellant is, therefore, entitled to be released on bail during the pendency of the present appeal. We order accordingly and direct the appellant to be released on bail subject to the satisfaction of the Trial Court. The Trial Court may impose such conditions as it deems appropriate in the present matter.

Let this criminal appeal be listed for final disposal in the summer vacation of 2019.