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2022 Supreme(HP) 356

SABINA, SATYEN VAIDYA
Guddu Alias Banku Son of Budhe Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Deepak Kaushal, Advocate
For the Respondent:Sh. Kamal Kant, Deputy Advocate General

JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, appellant has assailed judgment of conviction and sentence order dated 20.6.2018, passed by the learned Special Judge-I, Una, District Una, H.P, in Sessions Case No. 54 of 2016, whereby appellant has been convicted and sentenced under Sections 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and Section 181 of Motor Vehicles Act, as under:

Sr. No.

Sentence of imprisonment.

Fine

In Default of payment of fine.

1.

Rigorous imprisonment for a term of ten years under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

1,00,000/-

Rigorous imprisonment for one year

2.

Under Section 181 of MV Act

500/-

-

2. The prosecution case in a nut-shell was that during intervening night of 11th and 12th August, 2016, a ‘Nakka’ was laid by police officials of Police Station, Chintpurni, District Una, H.P. at place Bharwain. SI/SHO, Bhup Singh (PW-9), ASI Amrik Singh (PW-11) and HHG, Shokeen Muhammad were on ‘Nakka’ duty. These officials were also joined by

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