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2023 Supreme(HP) 432

RAKESH KAINTHLA
Nanu Oli alias Ram Chander – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vikrant Thakur.
For the Respondents: R.P. Singh, Prashant Sen.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 4.6.2016 passed by learned Special Judge-IV, Kangra at Dharamshala vide which the appellant (accused before the learned Trial Court) was convicted for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and order dated 6.6.2016 vide which, he was sentenced to undergo rigorous imprisonment for five years, pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo simple imprisonment for two months. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of an offence punishable under Section 20 of the NDPS Act. It was asserted that ASI-Tibeti Ram (PW9), ASI Bhim Chand, ASI Sunil Kumar (PW4), HHC Ravinder Awasthi (PW1), HHC Tharchan Negi (PW5), HHC Manjeet Singh (PW2), HHC Sanjay and LC-Anita Kumari were on patrolling duty on 6.5.2015 at about 12:30 pm on

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