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2015 Supreme(HP) 981

RAJIV SHARMA, SURESHWAR THAKUR
Aman Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the appellant:Mr. Pawan Kumar Sharma, Advocate.
For the respondent:Mr. M.A.Khan, Addl. Advocate General.

Judgment :

Justice Rajiv Sharma, J.

This appeal is instituted against the judgment and order dated 25.6.2014 and 30.6.2014, respectively, rendered by the learned Special Judge, Solan, H.P, in Sessions Trial No. 16-S/7 of 2012, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 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, he was further ordered to undergo simple imprisonment for one year.

2. The case of the prosecution, in a nut shell, is that on 22.8.2012, SI/SHO, Police Station, Kasauli, Prabal Singh alongwith other police officials was on patrolling duty and checking traffic at Mini Bus Stand Kasauli. At about 8:15 PM, they saw accused coming from Military Hospital side towards Mini Bus Stand. On seeing the police, he turned back from the street light. He was carrying a bag in his right hand. They stopped him at some distance. They suspected some suspicious material in the



























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