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2016 Supreme(HP) 279

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


Advocates Appeared:
For the Appellant :Mr. B.R. Sharma, Advocate.
For the Respondent:Mr. Ramesh Thakur, Deputy Advocate General.

JUDGMENT :

Rajiv Sharma, J.

1. Present appeal has been filed against Judgment dated 5.1.2011 rendered by learned Additional Sessions Judge, Mandi, HP camp at Karsog in Sessions Trial No. 7 of 2010, whereby appellant-accused (hereinafter referred to as accused for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as Act for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. 1,20,000/- and, in default of payment of fine, to further undergo simple imprisonment, for two years.

2. Prosecution case, in a nutshell, is that PW-11 SI Amar Singh, PW-9, Constable Pitamber, PW-2 Constable Jitender, HC Jagdish, LC Neelam and HHC Bodh Raj were present at Dhurmu on 29.11.2009 at 5.15 PM. Accused came from Kelodhar side carrying a backpack (Ex. P2) on his back. He was stopped. A truck bearing registration No. HR-37-A 5120 came from Kotlu, which was signalled to stop. Prem Singh was driving the said truck. Prem Singh was associated as a witness. Accused disclosed his name as Nanak Chand. Accused appeared to be frig








































































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