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2016 Supreme(HP) 832

RAJIV SHARMA, CHANDER BHUSAN BAROWALIA
State of Himachal Pradesh – Appellant
Versus
Neeraj Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Parmod Thakur, Addl. AG.
For the Respondents:Mr. N.K. Thakur, Sr. Advocate, with Mr. Jagdish Thakur, Mr. Praveen Chauhan

JUDGMENT :

Chander Bhusan Barowalia, J.

The State has maintained the present appeal against the judgment of acquittal of the respondents (hereinafter referred to as ‘the accused’), dated 14.09.2012, rendered by the learned Special Judge, Fast Track Court, Chamba, District Chamba, H.P., in Sessions Trial No. 7 of 2012, for offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

2. The prosecution story, in brief, is that, on 10.02.2012 at about 3:30 a.m., HC Deva Nand (PW-10) alongwith HC Shaukat Ali No. 25, IO/HHC Subhash Chand No. 26, Constable Sandeep Kumar No. 269 and SPO Sanjeev Kumar proceeded to Zero point, Jassourgarh, in relation of picketing pursuant to Rapat No. 12, Ex. PW-4/A. At Zero Point, Jassourgarh, on the pedestrian path, HC Deva Nand (PW-10) noticed torch light and switching off the same thrice. In the meantime, one person was also noticed with torch light pointing towards pedestrian path standing at the curve at a little distance from Zero Point towards Chamba and the person who was pointing towards Chamba walked on foot to Zero Point. After reaching Zero Point that person was again seen poin


























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