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2002 Supreme(HP) 20

K.C.SOOD, LOKESHWAR SINGH PANTA
IAN ROYLANCE STILLMAN – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
M/s. P.K. Mutneja, Deepak Gupta and Chandranarayan Singh, Advocates, for the Appellant; Mr. M.S. Guleria, Dy. A.G. with Mr. J.K. Verma, Assistant Advocate General, for the Respondents.

JUDGMENT

Kuldip Chand Sood, J.—Appellant Ian Roylance Stillman, hereinafter referred to as "the accused", is a British National. He was convicted by the learned Sessions Judge, Kullu for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as "the Act", and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rupees one lakh. In case of default in the payment of fine, the accused is to suffer further imprisonment for one year. Aggrieved, the accused is in appeal.

2. The prosecution case was: Assistant Sub Inspector Parma Nand (PW 12) along with other Police Officers, including Head Constable Yoginder Pal (PW 3), Constable Lai Singh (PW 4), Constable Kuldip Singh and Home Guard Officials Ghanshyam and Des Raj, was on routine preventive patrol on August 28, 2000. He set up a "naka" on the National Highway-21 near "Sood Petrol Pump" at about 1.15 a.m. He had checked two vehicles, a truck and gypsy when at about 1.20 a.m., Maruti Van HP-01-0313 appeared from Kullu side. The vehicle was stopped for checking. The van was being driven by Rajesh Negi (PW 1). Bir Singh (PW 2), companion of the Driver wa


















































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