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2017 Supreme(HP) 1350

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR
State Of Himachal Pradesh – Appellant
Versus
Mohit – Respondent


Advocates Appeared:
D.S. Nainta and Mr. Virender Verma, Additional Advocates General, for the Appellant; N.S. Chandel, Advocate with Mr. Dinesh Thakur, Advocate, for the Respondent No. 1; Manoj Pathak, Advocate with Mr.Vikas Chandel, Advocate, for the Respondents Nos. 2 and 3

JUDGMENT

Vivek Singh Thakur, J. —State has preferred present appeal against acquittal of respondents by learned Special Judge (II), Kinnaur at Rampur, vide judgment dated 30.3.2011, passed in sessions trial No. 15-AR/3 of 2008/2010, title State v. Mohit and others , in case FIR No. 70 of 2008, dated 22.6.2008 registered at Police Station Ani, under Sections 18, 20 and 29 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to the Act).

2. Case of the prosecution is that during intervening night between 21st and 22nd June, 2008, after 1 AM, PW11 ASI Prem Lal along with PW4 HHC Roshan Lal, C. Sunder and HHG Daya Ram, during Nakabandi duty, was returning to police station Ani and on reaching behind Kiran Bazar at 1.30 AM a vehicle, coming from Ani side towards Luhari, was noticed, which was stopped by giving signal by police party. In the said vehicle four persons were sitting. On asking by PW11, driver of vehicle handed over his driving licence as well as documents of vehicle. Vehicle was not having registration certificate but driver produced documents indicating temporary registration No. HR-99-BY.Temp-3059. Papers of vehicle were returned but licence of driver wa

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