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2024 Supreme(HP) 362

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
TARLOK SINGH CHAUHAN,J, SUSHIL KUKREJA,J
Kehar Singh – Appellant
Versus
State of H.P. – Respondent


Advocates Appeared:
For the Appellants:Mr. N. S. Chandel, Sr. Advocate with Mr. Kshitij Thakur, Advocate.
For the Respondent: Mr. Anup Rattan, A. G. with Ms. Sharmila Patial, Addl. A.G. and Mr. J. S. Guleria, Dy. A.G.

JUDGMENT :

Tarlok Singh Chauhan, J.

The appellants were tried and thereafter convicted and sentenced to undergo rigorous imprisonment for a term of ten years alongwith fine of Rs. 1,00,000/- each for the commission of offence punishable under Section 20 of the ND&PS Act and in default of payment of fine they were further directed to undergo simple imprisonment for a period of one year each.

2. Aggrieved by the conviction and sentence as aforesaid, the appellants have filed the instant appeal.

3. Brief facts of the prosecution case are that on 19.12.2015, PW-11 I.O. Lokender Singh alongwith police officials, I.O. Kit and search light was present at place ‘Sandhil Mode’ NH- 21, in connection with patrolling and Nakabandi. At about 7:50 pm, one car bearing registration No. HP-34D-1669 came from Kullu side, which was signalled to stop by PW-8 C. Shashi Kumar. The driver of the said vehicle stopped the car on the left side of the road in which, one another person was also sitting on the front seat of the vehicle.

4. On inquiry, the driver of the vehicle disclosed his name as Kehar Singh son of Jiwa Nand r/o village Dalashani, P.O. Sachani, Tehsil and P.S.Bhunter, District Kullu, H.P. and t

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