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2024 Supreme(HP) 307

VIVEK SINGH THAKUR, RAKESH KAINTHLA
Dilo Begum – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Tanu Sharma, Advocate Mr. Kulbhushan Khajuria, Advocate
For the Respondent:Ms. Seema Sharma, Deputy Advocate General, in both appeals.

JUDGMENT :

Rakesh Kainthla, J.

The present appeals are directed against the judgment and order dated 07.03.2020, vide which the appellants (accused persons before the Trial Court) were convicted of the commission of an offence punishable under Section 20 (b)(ii)(c) read with Sections 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act and were sentenced to undergo rigorous imprisonment for 12 years each and to pay a fine of Rs.1,20,000/- each and in default of payment of the fine to further undergo rigorous imprisonment for one year each for the commission of aforesaid offence. In addition to the above, the accused Naseer Mohammed was also convicted of the commission of an offence punishable under Section 473 of the INDIAN PENAL CODE (in short ‘IPC’) and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/-for the commission of the 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 appeals are that the police presented a challan against the accused before the lear

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