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DEEPAK GUPTA, V.K.AHUJA
Vinesh Kumari – Appellant
Versus
State of H. P. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Anup Chitkara, Advocate.
For the Respondent:Mr. Rajesh Mandhotra, Deputy Advocate General.

JUDGMENT

Deepak Gupta, J.—Both these appeals are directed against the judgment of the learned trial court whereby the appellants have been convicted for having committed offences punishable under Sections 18(b) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000 each and in default of payment of fine to undergo rigorous imprisonment for a period of 2 years.

2. The relevant facts, necessary for decision of the case are that PW-1 HHC Sher Bahadur was on patrol duty on 21.7.2003. He received secret information that the two accused Vineh Kumar and Kamlesh Kumari are dealing in contraband drugs and had both gone on scooter No. HP-19-3931 towards Nadaun to bring opium and charas. He accordingly informed PW-12 ASI Harbans Lal about the information. Statement of this witness Ext.PW-1/A was recorded under Section 154 Cr.P.C.

3. According to the Investigating Officer after recording the statement of PW-1, Ruqua Ext.PW-10/A was sent for registration of FIR and information under Section 42 of the Act was sent to the Dy. S.P. Amb. Thereafter

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