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2002 Supreme(HP) 165

R.L.KHURANA, M.R.VERMA
FREDRICK GEORGE – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the appellant Mr. |J.K. Verma, Assistant A.G. for the respondent State

JUDGMENT

PER M.R. VERMA, JUDGE. - This appeal is directed against the judgment dated 28.8.2000 passed by the learned special judge, Kullu, whereby the appellant-accused (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 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to suffer further imprisonment for two years.

2. Case of the prosecution against the accused is that on 16.9.1999 at about 11 a.m. when a police party consisting of ASI Kamla (pw-15) LHC Narpat (pw-10) and lady constable Pinki were checking vehicles outside octroi post Ramsheela, Kullu, car bearing No. UP-07-8-1722 driven by the accused came there from Manali side and was stopped by the police party. The accused, who was the sole occupant of the car, was asked to produce the documents of the car but failed to do so. On enquiries about his passport and name, he got perplexed whereby pw-13 got suspicious that the accused might be in possession of some contraband. She gave him oral as well as written notice Ext. PW.-1







































































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