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2003 Supreme(SC) 771

DORAISWAMY RAJU, ARIJIT PASAYAT
Madan Lal – Appellant
Versus
State Of H. P. – Respondent


JUDGMENT

Arijit Pasayat, J.-Since these three appeals involve identical issues they are disposed of by this common judgment.

2. The appellants and one other person faced trial for alleged commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act ).

3. All the five accused were found guilty of the alleged offence and all of them were sentenced to undergo rigorous imprisonment for a term of 10 years and to pay a fine of Rs. 1 lakh with a default stipulation of a further rigorous imprisonment of 3 months in case of default to pay the fine.

4. By the impugned judgment the High Court of Himachal Pradesh at Shimla dismissed the appeals filed by the accused appellants.

5. In appeal Nos. 786/2002 and 788/2002 at the Special Leave Petition stage, there were four petitioners. The special leave petition so far as petitioner Goyal Nath is concerned was dismissed by an order dated 5.8.2002.

6. Accusations which led to the trial of the accused appellants in a nutshell is as follows:

7. On 5.10.1999, a secret telephonic message was recorded by Sunder Lal, A.S.P. (PW-11) that charas was being transported in a Maruti Esteem blue car








































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