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2022 Supreme(HP) 83

SABINA, SATYEN VAIDYA
Sandeep Kumar S/o Sh. Tek Chand – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. Manoj Pathak & Mr. Nikhil Chug, Advocates
For the Respondent:Mr. Anil Jaswal, Additional Advocate General

JUDGMENT :

Satyen Vaidya, J.

All these appeals have arisen out of same judgment and also entail common questions of facts and law, therefore, these appeals are being decided by a common judgment.

2. The appellants by way of instant appeals have assailed judgment and sentence dated 20.12.2016 passed by learned Additional Sessions (Special) Judge, Kullu in Sessions trial No. 32 of 2015, whereby, appellants have been convicted for commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “the Act”) and each of them has been sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. one lakh and in default of payment of fine to further undergo simple imprisonment for one year.

3. Noticeably, before the learned Special Judge, all the appellants had taken a common defence of general denial and were represented by a common counsel(s).

4. Brief facts, on which the case of the prosecution rested, are as under :-

    4.1 On 26.03.2015 at about 9.30 P.M., a police party including H.C. Vinay Kumar (PW-6), HHC Neel Chand, C. Vijay Kumar (PW-5) along with driver H.C. Khub Ram left Police Station Bhuntar, District Kullu a

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