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2024 Supreme(HP) 92

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Chandan – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajay Kumar Dhiman, Advocate.
For the Respondent:Mr.I.N. Mehta,Senior Additional Advocate General with Mr. Navlesh Verma and Ms. Sharmila Patial, Additional Advocate Generals and Mr. J.S. Guleria, Deputy Advocate General.

JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, appellant has assailed the judgment dated 1.6.2022 and sentence order dated 06.06.2022, passed by learned Special Judge-II, Chamba, District Chamba, H.P., in Criminal Case No. NDPS:200040 of 2012, whereby appellant has been convicted and sentenced as under:-

Sr. No.

Section

Sentence

1.

20 of ND&PS, Act

Rigorous imprisonment for ten years and a fine of Rs. 1,00,000/- and in default of payment of fine, simple imprisonment for one year.

2.

15 of ND&PS, Act

Rigorous imprisonment for six months and a fine of Rs. 5,000/- and in default of payment of fine, simple imprisonment for one month.

2. The case as set up by the prosecution was that during the intervening night between 12.03.2012 and 13.03.2012, Police officials HC Deva Nand (PW-10), HC Shaukat Ali (PW-1), C. Som Parkash (PW-2) and C. Ravinder Singh of Police Post Nakrod (Police Station Tissa, District Chamba, H.P.) had laid a picket (Nakka), at place Gununalla. At about 2:30 AM, on 13.03.2012, a Maruti Car bearing registration No. PB-02-E-5656 was stopped at the ‘Nakka’. Three persons namely, Harvinder Singh, Chandan (appellant) and Jasbir

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