Charanjit Singh vs State of H.P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 8

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Charanjit Singh – Appellant
Versus
State of H.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Shikha Chauhan, Advocate.
For the Respondent/State: Mr. Jitender Sharma

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment of conviction and order of sentence dated 13.04.2023, passed by learned Special Judge, Sundernagar, District Mandi, H.P., vide which the appellant (accused before learned Trial Court) was convicted of the commission of an offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as ‘the ND&PS Act’) and was sentenced to undergo rigorous imprisonment for fouryears, pay a fine of Rs.20,000/- and in default of payment of fine to undergo further rigorous imprisonment for six months 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 appeal are that the police presented a challan against the accused for the commission of an offence punishable under Section 20 of the ND&PS Act. It was asserted that HC Ram Lal (PW9), H.C. Sanjeev Kumar (PW6), HHC Kishori Lal, Constable Chet Ram, and LHC Deena Nath had set up the nakka at Naulakha to check vehicles on 19.06.2014. They stopped a bu