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2009 Supreme(HP) 774

SURINDER SINGH
Andre Moll – Appellant
Versus
State of Himachal Pradesh – Respondent


JUDGMENT

Surinder Singh, J.

1. Appellant is a Swiss National. He was charge-sheeted, tried for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', but convicted for the offence punishable under Section 20(b)(ii)(B) of the Act, for allegedly keeping in possession the non-commercial quantity of "Charas", as such sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 50,000/- with default clause, by the learned trial Court, which has been assailed by him in the instant appeal.

2. In short, the prosecution story, as emerges from the evidence on record, can be stated thus. On 18.1.2009 at about 7.00 am, PW-9 Sub-Inspector Pawan Kumar alongwith police party consisting of Head Constable Mohar Singh (PW-1), HHC Chaman Lal, HHC Uttam Singh and HHG Garish Kumar, was present at Kasol near the English-Wine-shop. The appellant went inside the liquor-vend. He was carrying a blue-black coloured bag on his back. The said Sub-Inspector asked about his identity. His identity was checked with reference to the passport carried by him finding it to be correct, he was further asked as to what he was

























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