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2016 Supreme(HP) 898

RAJIV SHARMA, VIVEK SINGH THAKUR
State of Himachal Pradesh – Appellant
Versus
Ram Niwas – Respondent


Advocates Appeared:
For the Appellant :Mr. P.M. Negi, Deputy Advocate General.
For the Respondent:Mr. Ajay Kumar Dhiman, Advocate.

JUDGMENT :

Vivek Singh Thakur, J.

1. The respondents have been acquitted by the learned Additional Sessions Judge, Fast Track Court Kullu, Himachal Pradesh vide judgment dated 12.01.2011, passed in Sessions Trial No. 16/ 2010 in case FIR No. 157/09 at Police Station, Banjar District Kullu H.P. who were charged sheeted under Section of 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 having found in possession 7 kilo 200 gms. charas.

2. Being aggrieved by acquittal of the respondents, the State has preferred present appeal.

3. We have heard Mr. P.M. Negi, Deputy Advocate General, for appellant-State as also Mr. Ajay Kumar Dhiman Advocate, learned counsel for respondent-accused No. 1.

4. As per prosecution story during patrolling PW-2 ASI Chint Ram, PW-1 LHC Hans Raj, Constable Sohan Lal and HC Narian Chand were present at Paggal Nallah on 10.11.2009 at 8.30 PM. A vehicle ‘TAVERA’ car bearing registration No. HR-45A-0409 was intercepted by police party on suspicion. Vehicle was being driven by respondent No.3 and respondent No.1 was sitting on front seat alongwith driver. After giving personal search, PW-2 ASI Chint Ram had conducted search of vehicle. 7 kilo 200 gms. charas was



























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