Bali Ram vs State of H.P. - 2025 Supreme(HP) 6

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 6

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Bali Ram – Appellant
Versus
State of H.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Arsh Chauhan, Advocate.
For the Respondent:Mr. Lokender Kutlehria, Additional Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgement of conviction and order of sentence dated 17^th January 2011 passed by learned Sessions Judge, Shimla (learned Trial Court) vide which the appellant (accused before the learned Trial court) was convicted of the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and was sentenced to undergo rigourous improvement for one year, pay a fine of Rs.5,000 and in default of payment of fine to undergo further simple imprisonment forthree months for the commission of the aforesaid offence. (The 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 charge sheet against the accused for the commission of an offence punishable under Section 20 of the NDPS Act. It was asserted that ASI Shiv Kumar (PW 15) received a secret information on 6^th March 2009 at about 4:30 PM that a person residing in Raghav Cottage, Sanjauli was dealing in Charas and in case of search of his house, a huge qua