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2016 Supreme(HP) 1853

SANJAY KAROL, P.S.RANA
Sohan Lal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajesh Mandhotra, Advocate.
For the Respondents:Mr. R.S. Verma, Additional Advocate General, Mr. Vikram
Thakur, Deputy Advocate General and Mr. J.S. Guleria, Assistant Advocate General.

SANJAY KAROL, J.

Primarily, the following question of law arises for consideration in the present appeal:

As to whether this Court is obliged to follow the earlier decisions rendered by larger Bench(s) (three Judges), on identical facts, specifically laying down the principle of law, as against a different view taken subsequently by smaller Benches (two Judges) of the apex Court or not?

2. Appellant-convict Sohan Lal, hereinafter referred to as the accused, assails the judgment dated 19.6.2014/28.6.2014, passed by Special Judge, Solan, Distirct Solan, Camp at Nalagarh, Himachal Pradesh, in Sessions Trial No.13-S/7 of 2012, titled as State of Himachal Pradesh v. Sohan Lal, whereby he stands convicted for offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs.1,00,000/- and in default thereof, to further undergo simple imprisonment for a further period of one year.

3. It is the case of prosecution that on 7.8.2012, when SI Narain Singh, alongwith HC Om Parkash (PW-1), Constable Ram Krishan (PW-2) and



















































































































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