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2009 Supreme(HP) 1157

SURJIT SINGH, SURINDER SINGH
DEEPAK KUMAR – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared: For the Appellants:M/s O.C. Sharma and Ravinder Thakur, Advocates, for appellant No.1. M/s Suhail Dutt, Vibhu Shankar and Virender Chauhan, for appellant No.2. & For the Appellant:Mr. P.M. Negi, Deputy Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General. For the Respondent:Mr. P.M. Negi, Deputy Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General. & For the Respondents:M/s O.C. Sharma and Ravinder Thakur, Advocates, for respondents No.1, 2 and 4. M/s Suhail Dutt, Vibhu Shankar and Virender Chauhan, for respondent No.3.

JUDGMENT

Surjit Singh, J.-These three appeals, particulars whereof appear in the title of the judgment, are being disposed of by a common judgment, as all of them are directed against the same judgment, i.e. judgment dated 22nd August, 2008, of learned trial Court, whereby appellants Deepak Kumar, Gopal Dass (appellants in Cr.A No.498 of 2008), Simone Nobili and Angelo Falcone (appellants in Cr.A No.550 of 2008), who were charged with and tried for an offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly jointly possessing 20 kgs Charas, have been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- each, in default of payment of fine to undergo rigorous imprisonment for a further period of two years, each.

2. Besides the aforesaid two appeals by the convicts-appellants, an appeal, i.e. Cr. Appeal No.658 of 2008, has been filed by the State for enhancement of sentence awarded to the convicts-appellants by the trial Court.

3. Prosecution’s story, as it emerges from the record, is as follows. PW-11 Rajesh Kumar, SHO Police Station Sadar, Mandi, went towards Katindi-Kamand side, late in


























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