State of H.P. vs. Pardeep Kumar & others Quantum of sentence: Cr. Appeal No. 4264 of 2013 20.03.2026: Present: Ms. Priyanka Chauhan, Deputy Advocate General, for the appellant/State Mr. Raman Jamalta, Legal Aid Counsel, for respondents. Respondent No.2-convict Pradeep Kumar son of Kishan Pal produced in the custody of Constable Dinesh No. 1458 and Constable Parth No.1392 from Police Line, Kaithu, District Shimla, H.P. Respondent No.3-convict Pradeep Saini son of Suraj Bhan Saini produced in custody of Constable Rajeev No. 694 and Constable Ashish No. 603, from Police Line, Kaithu, District Shimla, H.P. 79. We have heard learned counsel for the parties on the quantum of sentence. 80. Ms. Priyanka Chauhan, learned Deputy Advocate General, for the appellant/State submitted that the convicts were found in possession 1 kg 880 grams of charas, which is a huge quantity. The State has undertaken a mission to eradicate the narcotics and a deterrent view be taken to dissuade the likeminded persons from committing the crime. Hence, she prayed that maximum sentence be awarded to the convicts. 81. Mr. Raman Jamalta, learned legal aid counsel, for the respondents submitted that the convicts were acquitted by the learned Trial Court, which judgment was reversed by this Court. The incident had occurred in the year 2010, 16 years have elapsed since then. The case of the convicts does not fall within the parameters laid under Section 32B of the NDPS Act. Hence, prayed that a lenient view be taken. 82. We have considered the submissions made at bar. 83. The convicts were acquitted by the learned Trial Court vide judgment dated 14.08.2013. The State assailed the said judgment and this Court reversed the judgment passed by the learned Trial Court. Nothing was brought on record to show that convicts were involved in the commission of offences while they were enjoying the benefit of acquittal. The incident had occurred 16 years ago and this fact is also to be considered while imposing the punishment. 84. Considering the totality of the circumstances, each of the convicts are sentenced to undergo rigorous imprisonment for ten (10) years, pay a fine ₹1,00,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year each for the commission of an offence punishable under Section 20(b)(ii) (C) of the ND&PS Act. The convicts are entitled to the benefit of set off for the period of detention undergone by them during the trial or before this Court in terms of Section 428 of Code of Criminal Procedure (Cr.P.C.). 85. Jail warrants be prepared accordingly. 86. The present appeal stands disposed of along with pending miscellaneous application(s), if any. (G.S.Sandhawalia) Chief Justice (Rakesh Kainthla) Judge 20th March, 2026. (ravinder)