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LOKESHWAR SINGH PANTA, R.L.KHURANA
Sanjiv Kumar alias Sanju – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Counsel for the parties:
For the Appellant : Mr. Rakesh Jaswal (Amicus Curiae).
For the Respondent:Mr. S.D. Vasudeva, Additional Advocate General with Mr. D.S. Nainta, Dy. Advocate General.

JUDGMENT

Lokeshwar Singh Panta, J.— This is a jail appeal filed by the appellant (hereinafter referred to as “the accused”) challenging the judgment/order dated 11-1-2002 passed by learned Sessions Judge, Mandi in Sessions Trial No. 4 of 2001. By the impugned judgment, the accused has been convicted under Section 20 of the Narcotic Drugs and Phychotropic Substances Act, 1985 (for short “the Act”) and sentenced to undergo rigorous imprisonment for ten years

and to pay fine of Rs. 1,00,000/- and in default of payment of fine, to suffer rigorous imprisonment for a period of four years.

2. Briefly stated, the prosecution case is as follows:—

On 1.10.2000 PW-5 Shubhra Tiwari Dy. S.P. who at the relevant time was officiating as S.H.O. Police Station Aut, District Mandi alongwith PW-9 Sub Inspector Om Prakash, PW-1 Head Constable Jagat Singh, PW-2 LHC Narpat Ram PW-9 Sub Inspector Om Prakash and some more police officials were present in village Bashan in connection with Nakabandi. The Police Party at about 5.45 A.M. noticed one parson coming from Thachi side carrying a bag on his left shoulder. On seeing the Police Party the said person tried to run away. He was apprehended on suspicio

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