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2019 Supreme(HP) 298

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR
Tilak Raj – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
Virender Singh Rathore, Adv., Vikas Rathour, Adv., Narinder Guleria, Adv., Kunal Thakur, Adv., Sunny Dhatwalia, Adv.

JUDGMENT :

Vivek Singh Thakur, J.

Present appeal has been preferred by accused-convict-appellant Tilak Raj against the judgment dated 7.12.2016/13.12.2016, passed by learned Special Judge, Chamba, Division Chamba, Himachal Pradesh, in Sessions Trial No.27 of 2015, titled as State of Himachal Pradesh v. Tilak Raj, whereby accused has been convicted for committing an offence under Section 20(b) (ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,50,000/-, and to undergo further simple imprisonment for a period of six months in case of default of payment of fine.

2. We have heard learned counsel for the accused, learned Additional Advocate General, and also gone through the record.

3. In brief, case of the prosecution is that on 16.5.2015 at 2.15 p.m., a police party headed by HC Kartar Singh (PW-13), consisting of Constable Surinder Singh (PW-1), Constable Subhash Chand (PW-2) and Constable Pawan Kumar (PW-3), left Police Post, Banikhet for patrolling towards Bathri, Devi Dehra Bazaar, etc., District Chamba, alongwith Investigation Ki

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