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DEEPAK GUPTA, V.K.AHUJA
Ashok Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates.
For the Respondent:Shri P.K. Sharma, Additional Advocate General and Shri Rajesh Mandhotra, Dy. Advocate General.

JUDGMENT

Deepak Gupta, J.—This appeal is directed against the judgment of the learned Sessions Judge, Mandi in Sessions Trial No. 23 of 2005, decided on 24.6.2006 whereby he has convicted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the ‘Act’) and sentenced him to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs. 1,00,000. In case of default of payment of fine, the accused has been directed to undergo further imprisonment for two years.

2. Briefly stated the prosecution case is that on 18.11.2004 at about 5.00 a.m.,

PW/9 ASI Mast Ram along with PW /1 constable Bhup Singh, HHC Milkhi Ram and HHC Yuv Raj were on patrolling duty. They had set up a ‘Naka’ near Kali Mata Mandir on the road which leads from Banjar to Aut. The police party noticed a person coming from Bali Chowki side. This person had a black blanket wrapped around himself and he was going towards Aut side. On seeing the police party, this person turned back and tried to run away. This aroused the suspicion of the police officials who chased him and apprehended him on the spot.

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