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2002 Supreme(HP) 213

M.R.VERMA, R.L.KHURANA
IACOPO LOMBARDI – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Mr. I.S. Balhara with Mr. N.K. Thakur, Advocates, for the Appellant; Mr. J.K. Verma, Assistant Advocate General, for the Respondent.

JUDGMENT

M.R. Verma, J.—This appeal is directed against the judgment dated 3.9.2001 passed by the learned Sessions Judge, Kullu, whereby the accused-appellant (hereafter referred to as the accused) had been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as the Act) and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to suffer further imprisonment for six months.

2. Briefly stated, case of the prosecution is that HC Ramesh Lai (PW-10) along with HC Amar Chand, constable Sanjay Kumar (PW-9), Ajay Kumar (PW-2) and Constable Mohar Dass (PW-5) was on patrol duty at MPCL Gate, Dhonkra on 17.2.2001. At about 6 p.m., he receive a secret information that a person who had kept charas concealed in CD system, was coming from Manikaran in Taxi, bearing No. HPY-303. PW-10 recorded the information under Section 42 of the Act vide Ex.PW-1/A and sent the same to Deputy Superintendent of Police, Headquarters, Kullu, through PW-5% Thereafter, Ramesh Lal associated independent witnesses, namely, Amin Chand (PW-7) and Brahma Nand (PW-8) with the police party an


























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