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2016 Supreme(HP) 507

RAJIV SHARMA, VIVEK SINGH THAKUR
Sudesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant :Mr. N.S. Chandel, Advocate.
For the Respondent:Mr. M.A. Khan, Additional Advocate General.

JUDGMENT :

Rajiv Sharma, J.

The instant appeal is instituted against Judgment dated 1.10.2015 rendered by the learned Special Judge-II, Kangra at Dharamshala, District Kangra (HP) in S.T. No. 324/2013, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 15 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 a period of ten years and to pay a fine of Rs.1.00 Lakh, and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years for the commission of offence under Section 15 of the Act. Period of detention has been ordered to be set off as per Section 428 of the Code of Criminal Procedure.

2. Prosecution case, in a nutshell, is that on 7.6.2013 at about 2.00 AM, police party headed by Inspector/ SHO Balbir Singh was on patrolling at Kandrori alongwith SI Chain Singh, ASI Prem Singh, ASI Prem Kumar, HC Mohinder Singh, HC Inderjeet, HHC Santosh Kumar, Constable Purshotam Singh, Constable Surinder Singh and HHC Jaswant Singh, in the




























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