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2016 Supreme(HP) 2535

RAJIV SHARMA, AJAY MOHAN GOEL
Narcotics Control Bureau – Appellant
Versus
Ajmer Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashwani Pathak, Senior Advocate with Mr. Sandeep K. Sharma, Advocate.
For the Respondent:Mr. N.S. Chandel, Advocate

JUDGMENT :

Rajiv Sharma, J.

This appeal has been instituted against Judgment dated 15.7.2010 rendered by the learned Special Judge, Fast Track Court, Solan, District Solan, Himachal Pradesh in Case No. 4FTC/7 of 2009, whereby respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offence under Sections 8, 18, 29 and 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), have been acquitted.

2. Case of the prosecution, in a nutshell, is that on 19.10.2008 at about 2 AM a secret information was received by R.C. Bodh, Intelligence Officer that two persons namely Ajmer Kumar and Balwinder Singh are involved in drug trafficking and they will come from Baddi side towards Pinjore on Baddi Pinjore road on 19.10.2008 between 5 to 7 AM in their silver grey coloured Scorpio vehicle. Number of the vehicle was also given. Information was reduced into writing and put up before the Superintendent, Narcotics Control Bureau, Chandigarh and he directed the Intelligence Officer to constitute a team and lay Naka at Baddi. Search authorisation was also issued. At about 4 AM, complai

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