LOKESHWAR SINGH PANTA, R.L.KHURANA
DINESH KUMAR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
Lokeshwar Singh Panta, J.—Both these appeals arise from single judgment and order passed by learned Sessions Judge, Mandi, in Sessions Trial No. 10 of 2003, they can, therefore, be conveniently disposed of by a common judgment.
2. The appellants Dinesh Kumar and Dehal Singh hereinafter referred to as accused have challenged the judgment and order dated 27.11.2003 passed by learned Sessions Judge, Mandi, convicting them under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and sentencing them to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of rupees one lac each and in default of payment of fine to suffer rigorous imprisonment for further period of four years.
3. Briefly stated, the prosecution case is as follows:—
4. On 18.10.2002 at about 9.20 a.m. PW-16 Brijesh Sood, S.H.O. Police Station, Sundernagar alongwith ASI Madan Lal, PW-8 Additional MHC Rajender Kumar, H.C. Pushap Raj, H.C. Chet Ram, Constable Parmar Chand and Constable Nand Lal was holding Nakabandi at Lalit Chowk, Sundernagar, District Mandi. PW-16 received a secret information that one car bearing registration No. HP-34-7700 was coming
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