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2024 Supreme(HP) 30

VIVEK SINGH THAKUR, RAKESH KAINTHLA
Latadeen – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rajesh Mandhotra, Kanta Thakur.
For the Respondent: Seema Sharma.

 

1. The present appeal is directed against the judgment dated 22.09.2020, passed by learned Special Judge-IV, Kangra at Dharamshala, District Kangra, H.P. vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Section 20 of Narcotics Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and order dated 23.09.2020 vide which, he was sentenced to undergo rigorous imprisonment for 11 years and pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the commission of aforesaid offence. (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 against the accused before the learned Trial Court for the commission of an offence punishable under Section 20 of the NDPS Act. It was asserted that ASI-Desh Raj (PW-15), HC-Ajay Kumar (PW-1), HHC-Vimal Kumar (PW-13), and HHC-Yashwant (PW-10) were present at 32 miles in a private vehicle bearing registration no. HP-38B-4612 on 07.0

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