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2014 Supreme(HP) 1681

RAJIV SHARMA, SURESHWAR THAKUR
Karam Singh – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Harish Sharma, Advocate.
For the Respondent:Mr.P.M.Negi, Deputy Advocate General.

JUDGMENT :

Sureshwar Thakur, J..

The instant appeal is directed against the judgment, rendered on 10th June, 2011, by the learned Special Judge, Mandi, District Mandi, H.P., in Sessions Trial No.55 of 2010, whereby, the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.1,20,000/- under Section 20 (b) (ii) (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein-after referred to as the =NDPS Act') and in default of payment of fine, he has been sentenced to further undergo simple imprisonment for a period of two years.

2. The brief facts of the case are that on 28th July, 2010, Head Constables Laxman Dass, Tek Chand, Constables Vinod Kumar and Jitender Kumar were going towards Karsog to Kotlu. The accused was found coming from Teban when they reached Teban. He was carrying a polythene bag Ext.P-2 in his hand. He got frightened on seeing the police and tried to return. He was apprehended by the police. He revealed his name as Karam Chand son of Budhi Singh on inquiry. The polythene bag smelled of charas and the police became suspicious about the presence of Charas in the polythene bag. HC Laxman Dass

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