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2020 Supreme(HP) 78

DHARAM CHAND CHAUDHARY, JYOTSNA REWAL DUA
Budh Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Ajay Kochhar, Advocate, Narinder Guleria, Advocate

JUDGMENT

Jyotsna Rewal Dua, J. - Instant appeal has been preferred against the judgment dated 30.05.2017, passed by learned Special Judge-II (Additional Sessions Judge), Kullu, in Sessions Trial No.122 of 2014, arising out of FIR No.23 of 2014, dated 26.02.2014, whereunder accused who has been held guilty of possessing 950 grams charas recovered from vehicle and 6.750 Kg. charas recovered from his house, stands convicted for having committed offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'NDPS' Act in short), and has been sentenced to undergo rigorous imprisonment for a term of 10 years.

2. The prosecution case is that:-

    2(i) On 26.03.2014, at around 6.30 p.m., a police party comprising of Sub Inspector Ramesh Prasher (PW-11), Sub Inspector Bhupender Pal (PW-5), HHC Harnam Singh (PW-6) and Constable Ranjeet Singh (PW-8), laid a Nakka at Seund, District Kullu. A Scorpio vehicle bearing registration No.HP-34- C-1685, being driven by the accused, coming from Manikaran side, was stopped by the Investigating Officer SI Ramesh Prasher (PW-11). Observing the accused as perplexed, the Investigating Officer SI Ramesh Prasher

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