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2015 Supreme(HP) 692

RAJIV SHARMA, SURESHWAR THAKUR
Naseeb – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Manoj Pathak, Advocate.
For the Respondent:Mr. Ramesh Thakur, Assistant Advocate General.

JUDGMENT

Rajiv Sharma, J.

1. This appeal is instituted against the judgment and order dated 6.10.2012 and 10.10.2012, respectively, rendered by the learned Special Judge, Shimla, H.P. in Sessions Trial No. 4-S/7 of 2011, whereby the appellant-accused (hereinafter referred to as the accused), alongwith other co-accused, was charged with and tried for offence punishable under Sections 18 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year. The co-accused namely, Hameed Mohammad, Gudoo Ram, Rameshwar Singh and Ashok Kumar were acquitted.

2. The case of the prosecution, in a nut shell, is that on 7.1.2011, during night time at about 1:15 AM, at place Sarivan, bypass NH-22, Shimla-Rampur police officials were on patrolling duty. A vehicle was signaled to stop. One bag was found on the lap of accused Naseeb. The number of the vehicle was HP-12C-2302 (Bolero jeep). Since the incident took place at an isolate





















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