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2003 Supreme(HP) 181

R.L.KHURANA, M.R.VERMA
HIRA GIRI ALIAS HARDEV GIRI – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Mr. Anup Chitkaxa, Advocate, for the Appellant; Mr. D.C. Pathik, Additional AG with Mr. D.C. Nainta, Dy. A.G., for the Respondent.

JUDGMENT

M.R. Verma, J.—This appeal is directed against the judgment dated 4.5.2001 passed by the learned Special Judge (Sessions Judge), Solan in Sessions Trial No. 23-S/7 of 2000 whereby the accused/appellant (hereafter referred to as the accused) has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as the Act) and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lac and in default of payment of fine, to undergo further rigorous imprisonment for three years.

2. The case of prosecution, in brief, is that on 4.5.2000 Sub-Inspector Rajinder Kumar (PW-11) received a secret information that the accused was travelling from Shimla towards Solan in self-driven Mahendra Jeep No. HP-09-045 wherein he was transporting Charas. The information was recorded in the form of daily diary report No. 17 (Ext. PN) a copy thereof was sent to the Superintendent of Police, Solan. A raiding party was then constituted by PW-11 consisting of independent witnesses Kanti Swarup (PW-1) and Maya Ram (PW-2) and police officials, namely, HC Medh Ram, Constables Harpal Singh, Ajit Singh and Manmohan Sin
















































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