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2015 Supreme(HP) 927

RAJIV SHARMA, SURESHWAR THAKUR
Nihal Singh – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the appellant:Mr. Ramesh Sharma, Advocate
For the respondent: Mr. M.A.Khan, Addl. AG

JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted against the judgment dated 2.9.2014, rendered by the learned Special Judge-I, Sirmaur at Nahan, H.P, in Sessions Trial No. 67-ST/7 of 2013, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 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, to further undergo simple imprisonment for one year.

2. The case of the prosecution, in a nut shell, is that on 30.1.2013, PW-7 SI Ankush Dogra, PW-1 Const. Anil Kumar, HC Jagir Singh and others left the Police Station in an official vehicle driven by Const. Vicky Kumar for patrolling. The police was present at a place 1 km ahead towards Neri Pul at about 5:20 PM. The accused was spotted coming from opposite direction. The accused, on seeing the police party got perplexed and tried to flee away. He was overpowered by the police. The place was secluded one. The accused was holding a pithu bag,

















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