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2014 Supreme(HP) 1352

RAJIV SHARMA, SURESHWAR THAKUR
Raj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant : Ajay Kochhar, Imran Khan
For the Respondents: M.A. Khan, Anup Rattan, Ramesh Thakur

JUDGMENT :

Sureshwar Thakur, J.

These appeals are being disposed of by a common judgment as they arise from a common judgment. The aforesaid appeals are preferred by the appellants/accused against the judgment, rendered on 23.10.2010, by the learned Special Judge, Kinnaur Sessions Division at Rampur Bushehr, H.P., in NDPS Act Case No. 06 of 2009, whereby they have been convicted and sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 1,00,000/- for theirs having committed offence punishable under Section 20 read with 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein-after referred to as 'NDPS Act'). In default of payment of fine, they have been sentenced to further undergo rigorous imprisonment for two years.

2. Brief facts of the case are that on 11.10.2008, the police party headed by SI/SHO Gurbachan Singh, while patrolling at Chalohan Nalla, Police Station, Ani, a person was intercepted carrying a bag over his shoulder. On inquiry, he disclosed his name to be Raj Kumar alias Raju. The police after seeking his option for his personal search either before the Magistrate or the Gazetted Officer, he opted for his search before the police. Thereafter,





























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