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2002 Supreme(HP) 195

R.L.KHURANA, M.R.VERMA
AVTAR SINGH – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Mr. Anup Chitkara, Advocate, for the Appellant; Mr. J.K. Verma, Assistant Advocate General, for the Respondents.

JUDGMENT

R.L. Khurana, J.—The above noted two appeals arising out of the judgment dated 29.9.2000 of the learned Sessions Judge, Una, in Sessions Case No. 27 of 1999 are being disposed of by this common judgment.

2. The two appellants, Avtar Singh and Rajesh Kumar, hereinafter referred to as the accused, stand convicted for the offence under Section 18, Narcotic Drugs and Psychotropic Substance Act (for short : NDPS Act) and upon such conviction each one of them has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000. In default of payment of fine, each one of them has been sentenced to undergo simple imprisonment for a further period of two years.

3. Accused Avtar Singh alias Nikka is a resident of Santokhgarh, District Una, while accused Rajesh Kumar is a resident of village Ajauli, Tehsil and District Una.

4. Prosecution story, in brief, may be thus stated. On 3.4.1999 a secret information was received by PW-10 Shri D.R Sharma, the then Superintendent of Police, Una, on telephone that large scale trade in opium was being illegally carried out by a gang, of which the present two accused are members and operators, and that a big haul of opi





























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