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2007 Supreme(HP) 176

SURJIT SINGH, SANJAY KAROL
DHARAM PAL – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
M/s. Tarlok Chauhan and G.R. Palsara, Advocates, for the Appellants; Mr. Som Dutt Vasudeva, Additional Advocate General with Mr. D.S. Nainta, Deputy Advocate General, for the Respondent.

JUDGMENT

Surjit Singh, J.—These two appeals arise out of a common judgment of the learned Additional Sessions Judge (Fast Track Court), Shimla whereby the appellants (in both the appeals) have been convicted of an offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, hereinafter referred to as Act, and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lakh each; in default of payment of fine to undergo simple imprisonment for a further period of two years each. So both the appeals are being disposed of together.

2. Prosecution case, as unfolded by the evidence adduced during the course of trial, may be summed up thus. On the night intervening 29th/30th October, 2002, around 12.15 a.m. when Khazana Ram (PW-9), Inspector (CID), Shimla was present at Boileauganj Chowk alongwith Inspector Ram Lai, HC Sanjeev Kumar, HC Ashok Kumar (PW-1) and Constable Mohinder Singh (PW-4), someone informed him that a Maruti Van bearing registration No. HP-01-1123 (registered as taxi) was coming from Ghanahatti side and in that van Charas was being transported. The information was reduced into writing by PW-9 Khazana Ram and sent to the Superin


















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