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2021 Supreme(HP) 773

SANDEEP SHARMA
Gurvinder Singh S/o Shri Swaran Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nikhil Chugh.
For the Respondents: Sudhir Bhatnagar, Desh Raj Thakur, Kamal Kishore Sharma, Narender Thakur.

JUDGMENT :

SANDEEP SHARMA, J.

1. Instant appeal filed under Section 374 (2) of the Cr.P.C. lays challenge to the judgment passed by Learned Special Judge (II) (Additional Session Judge), Kullu, H.P. whereby the appellants-accused (hereinafter referred to as “the accused”) came to be convicted and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 70,000/- and in default of payment of fine, to further undergo simple imprisonment for one year, for having committed offences punishable under Sections 20, 25 and 29 of NDPS Act (herein after referred to as “the Act”).

2. Precisely, story of the prosecution, as emerge from the record, is that on 9.11.2014, at 7:00 pm, police party consisted of PW-12 HC Deepak Kumar, PW-11 Constable Naveen Kumar and HHC Lal Singh of Police Post Jari, was present at a distance of 10 meters in front of Police Post, Dunkhara, Jari District Kullu on Bhuntar-Manikaran road. Police party stopped one scooter bearing Registration No. PB-07H-7372 coming from Manikaran side being driven by accused No. 1 namely Gurwinder Singh. On the askance of police, accused disclosed their names to be Gurvinder Singh and Kuldeep Singh. PW-12 HC Deepak

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