State of HP Vs. Sandeep & Ors. Cr. MP(M) No.532 of 2025 26.08.2025 Present: Mr. I.N.Mehta, Senior Additional Advocate General, for the applicant-appellant. Mr. Vinay Mehta, Advocate, for the respondents. Cr. MP(M) No.532 of 2025 Though, reply has not been filed, however, learned counsel for the respondents has opposed condonation of delay on the ground that day-to-day delay, as required to be explained under law, has not been explained. 2. Taking into consideration averments made in the application and submissions made by learned counsel for the parties, delay of 158 days in filing the appeal is condoned. 3. Application stands disposed of. Cr.M.P.(M) No. of 2025 (CRMP M ST- 587 /25) 4. It be registered. 5. The main appeal appears to have filed for enhancement of the sentence for commission of offence being in possession of commercial quantity, and as the respondents have been convicted and sentenced being in possession of small quantity, therefore, this application is misconceived and accordingly dismissed. Cr. Appeal No. of 2025(CR.A/ 12998 /2 4 ) 6. Appeal be registered. 7. Though the appeal has been preferred for enhancement of sentence of the respondents, who have been -2- convicted under Section 20 of NDPS Act, but have been sentenced by holding that they were in possession of small quantity of charas. Therefore, instead of filing an appeal against acquittal, the appeal has to be preferred for enhancement of the sentence. 8. Learned Senior Additional Advocate General submits that in fact the appeal has been filed for enhancement of sentence and he seeks permission to file correct memo of parties alongwith cause title of the appeal. 9. Needful be done within one week. List for further orders on 15.09.2025. ( Vivek Singh Thakur ) Judge ( Sushil Kukreja ) Judge August 26, 2025 (V.Himalvi)