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2022 Supreme(HP) 598

SATYEN VAIDYA
Anil Kumar, S/o Sh. Jattu Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bimla Gupta, Mr. Varun Thakur, Advocate
For the Respondent: Mr. Desh Raj Thkur, Adv

JUDGMENT :

Both 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 06.07.2022 passed by learned Special Judge-II, Sirmaur District at Nahan, H.P. in Sessions Trial No. 35-N/7 of 2013, whereby, appellants have been convicted for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short “the Act”) and each of them has been sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 50,000/- each and in default of payment of fine to further undergo simple imprisonment for six months.

3. The prosecution case was that police officials H.C. Rupinder Kumar, Constable Kailash Kant No. 565, Constable Vikramjit Singh No. 539 and Constable Amit Kumar, No. 427 of Special Investigation Unit (for short “SIU”) left Police Station Nahan for patrol and detection of crime at 9.00 P.M., on 23.05.2013, vide G.D. entry No. 54(A) (Ex.PW7/A). They laid “Naka” at Rajban near “Lau Devi Temple”, within the jurisdiction of Police Station Ponta

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