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2016 Supreme(HP) 1993

SANJAY KAROL, AJAY MOHAN GOEL
State of Himachal Pradesh – Appellant
Versus
Rai Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. M.A. Khan and Mr. Varun Chandel, Addl. Advocate Generals
For the Respondent:Ms. Abhilasha Kaundal, Advocate

Ajay Mohan Goel, J.

By way of this appeal, the State challenged the judgment passed by the Court of learned Special Judge-I, Sirmaur at Nahan, in Sessions Trial No. 34-ST/7 of 2011, dated 26.09.2011, vide which, learned Trial Court has acquitted the present respondent/accused (hereinafter referred to as ‘accused’) for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances, Act (in short ‘NDPS Act’).

2. The case of the prosecution in brief was that on 27.02.2011, at about 6:55 p.m., at place Haripur Dhar, accused was found in conscious and exclusive possession of 3.7 kgs. of charas by a police party comprising of PW8 Inspector Meenakshi Bhardwaj, SI Balbir Singh, ASI Kalyan Singh, ASI Pratap Singh, HC Balbir Singh, HC Bhoom Prakash, HHC Laik Ram and Constable Naginder. This police party was present at Haripur Dhar village in connection with patrolling of contrabands etc. and went there in two vehicles bearing registration Nos. HP-07B-0324 and HP-07B-0407, which were being driven by drivers Brij Lal and Ramesh Kumar respectively. It was further the case of the prosecution that at Haripur Dhar, PW8 SI Meenakshi Bhardwaj received a secret info






































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