State of Hp v. Rakesh Kumar
Case brief
What is this about?
Himachal Pradesh High Court, Cr.Appeal No. 105 of 2025 (decided 2nd December, 2025; Vivek Singh Thakur and Romesh Verma, JJ): State's appeal for enhancement of sentence dismissed as not maintainable. Respondent Rakesh Kumar convicted under Section 20(b)(ii)(A) NDPS Act for small quantity of charas, while challan/charge alleged 1.020 Kg (commercial quantity), so charge treated as under Section 20(b)(ii)(C) and respondent deemed acquitted thereunder. Relying on State of HP vs. Shaul Borov (Criminal Appeal No. 325 of 2023, judgment dated 20.12.2023, affirmed by Apex Court order dated 14.11.2024 in SLP Diary No. 50995 of 2024 & IA No. 257015 of 2024), appeal against acquittal alone maintainable; State's separate appeal Cr. Appeal No. 573 of 2024 against the acquittal noted.
What did the court decide?
Keeping in view the quantity alleged in the chargesheet (1.020 Kg charas, commercial quantity), the charge is to be considered as framed under Section 20(b)(ii)(C) NDPS Act; accordingly the respondent is to be considered acquitted under Section 20(b)(ii)(C), his conviction subsisting only under Section 20(b)(ii)(A) for small quantity.