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2008 Supreme(HP) 77

SURINDER SINGH, SURJIT SINGH
Nathu Ram – Appellant
Versus
State of H. P. – Respondent


Advocates:
For the Appellant :- Mr. Rajiv Jiwan, Advocate.
For the Respondent:- Mr. P.K. Sharma, Addl. Advocate General.

JUDGMENT

(Surinder Singh, J.) - The challenge has been made by the appellant, feeling aggrieved by the judgment of the conviction and sentence passed by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985; in short ‘the Act’, whereby he has been sentenced to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-; for allegedly having in his possession 5.500 kgs. of charas.

2.Precisely, the case of the prosecution has been that on 4th July, 2003, a police party headed by Head Constable Narain Singh was present at Bajora check post, in district Kullu, in connection with the traffic checking. Around 6.45 p.m., HRTC bus bearing registration No. HP-34-A-1297 came from Manali. It was bound for Delhi. It was stopped. Prem Singh (PW4) was the driver and another Prem Singh (PW3) was its conductor. The police started the checking of the passengers of the bus from the front seat. In the process of such checking, Head Constable Narain Singh noticed the convict-appellant sitting on seat No. 14 with a bag on his lap. He checked his bag and found a yellow coloured envelope wrapped in a towel containing eight packet
















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