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2008 Supreme(HP) 105

V.K.AHUJA
Rakesh Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
For the Appellant :- Mr. Anup Chitkara, Advocate.
For the Respondent:- Mr. J.S. Guleria, Law Officer.

JUDGMENT

(V.K. Ahuja, J.) - This is an appeal filed by the appellant against the judgment of the Court of learned Additional Sessions Judge, Fast Track, Kullu dated 16.8.2005, vide which the appellant was held guilty under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the N.D.P.S. Act and was sentenced as under :-

“Rigorous imprisonment for nine years, fine of Rs. 90,000/- (ninety thousand) and in default of payment of fine, further simple imprisonment for a period of one year.”

2.Briefly stated the facts of the case are that on 27.11.2003, at 8.00 a.m., PW-8 SI/SHO Daya Sagar alongwith other police officials was present near Ghiyagi Bridge in connection with patrol and detection of crime. A maruti car came there from Sojha side. It was stopped and its documents were demanded from the driver. The vehicle was being driven by the appellant and one Munish Kumar alias Sonu was sitting by his side and two other accused Babar Ali and Kamaljit were sitting in the rear seat of the car. It was an isolated place, therefore, two police officials, namely, ASI Lekh Ram and ASI Narain Singh alongwith SHO were associated and the personal searc





















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