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2022 Supreme(HP) 280

SABINA, SATYEN VAIDYA
Pawan Kumar @ Lucky Sharma, Son Of Shri Mahinder Pal – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sh. Bimal Gupta, Sr. Advocate With Ms. Salochna Kaundal, Advocate
For the Respondent:Sh. Ashwani Pathak, Sr. Advocate With Sh. Dev Raj Advocate

JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, judgment dated 26.11.2014 passed by learned Special Judge-II, Mandi, District Mandi, H.P. in Sessions Trial No. 9 of 2013 along with sentence order dated 16.12.2014 have been assailed by the appellant, whereby he has been convicted for offence under Sections 20 of the NDPS Act and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lakh and in default to undergo simple imprisonment for a period of one year.

2. The brief facts of the case are that Narcotics Control Bureau, Sub Zone Mandi (for short NCB) registered Crime No. 35 of 2012 dated 19.12.2012. As per NCB case, on 19.12.2012, PW-5 Karamvir Singh, Intelligence Officer received secret information regarding commission of offence under the NDPS Act. A raiding party was constituted. PW-2 R. L. Negi, Intelligence Officer besides other officials of NCB and independent witnesses Narain Singh and Jia Lal were associated. A Naka was laid at Katindi Road Mandi at about 6.45 a.m. Two persons including the appellant were found coming from Katindi side at about 7.20 a.m. 1 kg 300 grams of charas was recovered from the bag carried by the appellan

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