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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, J, SATYEN VAIDYA,J
State of H.P. – Appellant
Versus
Bhupinder Singh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant appeal, State of Himachal Pradesh has assailed the judgment dated 20.5.2011, passed by learned Special Judge (Fast Track Court) Solan, in case No. 18 FTC/7 of 2010, whereby the respondents have been acquitted of the charge under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (for short the Act).
2. The case as set up by the prosecution against the respondents was that on 16.1.2010, police officials namely SI Rattan Singh, ASI Krishan Chand, HHC Bihari Lal and C. Gargesh Kumar of Police Station CID, Shimla left Shimla for patrol duty at 8.05 A.M. in official vehicle No.HP-07A-032, driven by driver Rajinder Singh. After visiting the places like Nohradhar and Rajgarh etc. in District Sirmour, on way back at about 5.30 P.M. the police party stopped one vehicle (Mahindra Bolero) bearing registration No.HP-01A-1901 for checking near place ‘Nauni’ in District Solan. All the four accused were found occupying the vehicle. SI Rattan Singh carried checking of the vehicle and found one polythene bag lying in between the occupants of front bench of the vehicle and another backpack lying in between the occupants on the rear seat of th
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