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2015 Supreme(SC) 1314

FAKKIR MOHAMED IBRAHIM KALIFULLA, UDAY UMESH LALIT
Gulsher Mohd – Appellant
Versus
State of Himachal Pradesh – Respondent


Counsel for the Parties:
For the Appellant:Mr. M. Dutta, Mr. BhowmiK Nayyar, Advocates for Mr. P.S. Sudheer, AOR
For the Respondent:Mr. Karanveer Jindal, Advocate and Ms. Pragati Neekhra, AOR

ORDER

Uday Umesh Lalit, J.—This appeal is directed against the reversing judgment of the Division Bench of the High Court dated 17.9.2014/26.9.2014 in Criminal Appeal No.328/2008. By the judgment impugned the Division Bench while setting aside the order of acquittal of the appellant passed by the learned Sessions Judge Sirmaur District at Himachal Pradesh dated 10.3.2008 in Sessions Trial No.07-ST/7 of 2005 convicted the appellant for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the said Act’) and imposed a sentence of five years rigorous imprisonment along with the fine of Rs.25,000/- and in default to undergo simple imprisonment for a period of six months.

2. As the case of the prosecution goes, on 21.2.2004 at about 4.00 P.M., PW.11 Incharge CIA Inspector along with Head Constable Mujahir Khan, Constable Shamim Akhtar (PW.1), Hussain Singh (PW.4) and Kamal Khan (PW.9) were present at Miserwala, Tehsil Paonta Sahib in connection with detection of Excise and Narcotics cases. At that point of time a secret information was received by PW.11 that the appellant has been dealing in narcotic drugs illegally in his s










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