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2021 Supreme(HP) 251

RAVI MALIMATH, JYOTSNA REWAL DUA
Budhi Ram, S/o Late Sh. Ram Dass – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Appellant :SH. MANOJ PATHAK, ADVOCATE
For the Respondent:SHRI ASHOK SHARMA, ADVOCATE GENERAL WITH SHRI RANJAN SHARMA, SHRI VIKAS RATHORE, SMT. RITTA GOSWAMI, ADDL. ADVOCATES GENERAL AND SMT. SEEMA SHARMA, DY. ADVOCATE GENERAL

JUDGMENT :

The case of the prosecution is that on 24.02.2016, a police party headed by SI/SHO Dharam Sain Negi alongwith Head Constable Ram Lal and Constables Ajay and Suresh left the Police Station, Kotkhai around 6.00 P.M. for regular patrol and traffic work. At about 7.50 P.M., the police party was at Hulli. They found a person carrying a bag in his right hand, coming from Hulli-Ghund-Dasana road. On seeing the police, he turned back and started running. On suspicion, he was apprehended. On inquiry, he stated his name as Budhi Ram S/o late Shri Ram Dass Sharma. That he was a resident of village Kothadi. He was carrying a bag on which was printed the name ‘Mohsen’. The bag was checked. It contained sticks and round shape black substances. The smell was that of charas. Independent witnesses, namely, Shri Rakesh Kumar, salesmen in the country liquor vend at Hulli and Shri Mohamad Akhter of village Ghunda, were joined in the investigation. The carry bag was taken to a nearby shop M/s Kimta General Store, which belonged to one Mohd. Iqbal. The substance was weighed. It was 2.522 kgs. The same was put into the carry bag and parceled in separate cloth with 12 different seals on it. All

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