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TARLOK SINGH CHAUHAN, RANJAN SHARMA
Yash Pal alias Sonu – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. N. S. Chandel, Sr. Advocate with Mr. Pranav Sharma, Advocate
For the Respondent: Mr. I. N. Mehta, Mr. Y. W. Chauhan, Sr. Addl. A.Gs. with Ms. Sharmila Patial, Addl. A.G. and Mr. J. S. Guleria, Dy. A.G.

JUDGMENT

Tarlok Singh Chauhan, J.—The appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- for the commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘ND&PS Act’) and in default of payment of fine, to further undergo simple imprisonment for a period of one year and aggrieved thereby has filed the instant appeal.

2. As per the prosecution, the brief facts of the case are that on 04.12.2017 HC Brij Bhushan alongwith HHC Suresh Kumar, C. Amit Kumar, C. Suresh Kumar and C. Saurav Sharma, was on patrolling duty in connection with Gambling, ND&PS and Excise crime detection in a private vehicle at village Basoli. At about 04.30 p.m., when the police party was present at place Madanpur Basoli, near GPS Basoll, then HC Brij Bhushan received a secret information that one Sh. Yashpal @ Sonu s/o Ramesh Chand Dhiman, resident of village Basoli has kept Poppy Husk (Churapost) in his cowshed and indulged in selling of the same to his customers.

3. Upon this information, HC Birj Bhushan prepared compliance report u/s 42(2) of ND&PS Act and handed over it

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