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2020 Supreme(HP) 74

DHARAM CHAND CHAUDHARY, ANOOP CHITKARA
Manohar Lal – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Dibender Ghosh, Advocate, Narender Guleria, Advocate

JUDGMENT

Anoop Chitkara, J. - Challenging the judgment of conviction for possessing 1 k.g. & 300 grams charas, convict Manohar Lal (appellant herein) has come up before this Court, by filing the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973, through a Legal Aid Counsel.

2. The gist of the facts apposite to decide the present appeal, traces its origin to FIR No. 131 of 2015, dated 1.4.2015 (Ext. PW-13/A), registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (After now called NDPS Act), in Police Station Sadar, Chamba, Distt. Chamba, H.P.

3. On March 31, 2015, as per entry No. 68(A), recorded in the daily station diary (Ext. PW-9/A), police party comprised of HC-Vijay Singh (PW-12), Const. Amit Kumar (PW-2), and HHG Dalip Kumar (not examined), proceeded to set up a check post towards Parel bridge. They departed from the Police Station Sadar, Chamba, at 10.50 p.m., in the official vehicle, driven by HHG Ravinder Kumar (PW-4). The Officiating SHO of the Police Station, SI Sakini Kapoor (PW-13), recorded such entry.

4. At around 11.35 p.m., when the police party was present at Parel Bridge, then a bus run by the Himachal Ro

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