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2018 Supreme(HP) 896

TARLOK SINGH CHAUHAN, VIVEK SINGH THAKUR
Raju – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
Bhavana Datta, Bhupinder Thakur, Dinesh Kumar Thakur, J.S Guleria, Sudhir Bhatnagar

JUDGMENT :

Tarlok Singh Chauhan, J.

The appellants were tried for offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (for short the 'NDPS Act') and after trial have been convicted to undergo rigorous imprisonment for ten years alongwith fine of Rs.1,00,000/- (Rupees one lakh) each and in default of payment of fine to further undergo simple imprisonment for a further period of six months.

2. The parties do not dispute that the case as set-out by the prosecution has correctly been enumerated by the learned Special Judge, therefore, the same is extracted as such from the judgment.

3. Briefly stated, the facts of the case are that on 22.03.2015, as per rapat, Ex.PW3/A, a police team headed by H.C. Raj Pal (PW8) , left police station Bhunter for routine patrolling towards Jachhni side on Bhunter-Manikaran road, in an official vehicle No. HP34-9984. At about 2:30 a.m., the said police party was present at a place known as Jachhni, where one vehicle bearing No. PB-11AY-5823 came from Manikaran side.

The said vehicle was signalled to stop. Vehicle was being driven by accused Hari Sharma and co accused Raju was sitting by the side of driver. On stoppi
















































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