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