AJAY MOHAN GOEL
Anil Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
Ajay Mohan Goel, J.
1. By way of this appeal, the appellant has challenged the judgment passed by the Court of learned Special Judge (III), Mandi in Trial No. 24/15/2011, dated 21.07.2016, vide which, the appellant stood convicted by the learned trial Court for commission offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and was sentenced to undergo rigorous imprisonment for 7 years and also to pay a fine of Rs. 70,000/- and in default of payment of fine to further undergo simple imprisonment for 2 years.
2. The case of the prosecution was that on 23.09.2010, ASI Gurdyal Singh and other police officials were on patrolling duty and were on their way from Ghatasani to Barot, when at around 4:00 p.m. they saw the accused Anil Kumar coming from Ghatasani side near Fuengalu. When the accused saw the police, he stopped and became nervous and tried to run away from the spot. In re-action to the said act of the accused, Investigating Officer stopped the vehicle and apprehended the accused. Something was kept by the accused on his stomach. As the place where the accused was apprehended, was an isolated place, therefore, no independent witness
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