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2020 Supreme(HP) 33

VIVEK SINGH THAKUR
Des Raj – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
N.K. Thakur, Advocate, Divya Raj Singh, Advocate, Kamal Kant, Advocate, Kamal Kishore Sharma, Advocate

JUDGMENT

Vivek Singh Thakur, J. - This appeal has been preferred by convict Des Raj (hereinafter referred to as the appellant) against judgment dated 23.11.2016, passed by learned Special Judge-II, Chamba, District Chamba, H.P., in Sessions Trial Filing No.12/2013 (Computer Regd. No.55/2013), titled as State of Himachal Pradesh vs. Des Raj, in case FIR No. 66/2013 dated 23.03.2013, registered at Police Station Sadar, Chamba, District Chamba, H.P., under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), whereby appellant has been convicted under Section 20 of the NDPS Act and sentenced to undergo rigorous imprisonment for six years and to pay fine of Rs.25,000/- and in case of default of payment of fine, to further undergo simple imprisonment for six months.

2. Prosecution case is that on 23.03.2013, PW.12 HC Raghuveer Singh alongwith PW.13 HC Vijay Singh, PW.3 Constable Kuldeep Kumar and HHG Puran Chand (not examined) after entering their departure vide Rapat No.11 (Ex.PW.4/C) had left the Police Post, City, Chamba, for verification on spot with reference to Rapat Nos.21 and 22 dated 22.03.2013 (Ex.PW.4/A & Ex.PW.4/B)

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