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2014 Supreme(HP) 563

SANJAY KAROL, P.S.RANA
Naresh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
For the appellant:Mr. Lakshay Thakur, Advocate.
For the respondent:Mr.B.S.Parmar, Addl. Advocate General with Mr. Vikram Thakur, Dy. Advocate General.

JUDGMENT

P.S.Rana, J. The present appeal has been filed against thejudgment and sentence passed by the learned Special Judge, Shimla in Sessions Trial No. 2-S/7 of 2007.

BRIEF FACTS OF THE PROSECUTION CASE:

2.Brief facts of the case as alleged by the prosecution are that on 14.2.2007 at about 5.30 AM the accused was found in exclusive and conscious possession of 8 Kg. 500 grams charas at a place 2 Km away from Sainj. The learned trial Court framed the charge against the accused under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') on 11th May, 2007. The accused did not plead guilty and claimed tried.

3.The prosecution examined as many as ten witnesses in support of its case:-

Sr.No. Name of Witness

PW1 Yoginder Kumar

PW2 Davinder Kumar

PW3 Parkash Chand

PW4 Maan Dev

PW5 Goverdhan Singh

PW6 Om Parkash

PW7 Ramesh Thakur

PW8 Tej Singh

PW9 Trilochan Dutt

PW10 Kishori Lal

3.1Prosecution also produced following piece of documentary evidence in support of its case:-

Sr.No. Description.

Ext.PW1/A Seizure memo regarding recovery of Charas.

Ext.PW1/B Seizure memo regarding sample of seal

Ext.PW1/C Seal impression

Ext.P W1/D Rukka.

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