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2015 Supreme(HP) 321

RAJIV SHARMA, SURESHWAR THAKUR
Bhupender Chauhan – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Appellants :Mr. Anup Chitkara, Advocate for appellant in Cr. Appeal No.242 of 2012 and Mr. Yadvinder Gupta and Mr. Bhupinder Ahuja, Advocates for the appellant in Cr. Appeal No.294 of 2012.
For the Respondent:Mr. M.A. Khan, Additional Advocate General.

JUDGMENT

Sureshwar Thakur, J.

Both these appeals arise from a common judgment hence are being disposed of by a common judgment. The aforesaid appeals have been preferred by the appellants/accused against the judgment, rendered on 24.05.2012 by the learned Special Judge (FTC), Kullu, District Kullu, H.P. in Sessions Trial No. 62 of 2010, whereby appellant/accused Anil Kumar has been convicted and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- for his having committed offence punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein-after referred to as ‘NDPS Act’). In default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for one year. Whereas, accused/appellant Bhupender Chauhan has been convicted and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- for his having committed offence punishable under Section 29 read with Section 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985. In default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for one year.

2. Brief facts of the
















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