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2024 Supreme(HP) 430

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
Sanjay Tomar – Appellant
Versus
State of H.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Hemant Kumar, Advocate.
For the Respondent:Mr. Varun Chandel, Additional Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment dated 31.12.2019, passed by learned Special Judge, Chamba, Division Chamba, H.P, vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and order dated 14.01.2020, vide which he was sentenced to undergo rigorous imprisonment for 10 years and pay a fine of ₹1,00,000/- and in default of payment of fine to further undergo simple imprisonment for one year 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 before the learned Trial Court for the commission of an offence punishable under Section 21 read with Section 8A of the NDPS Act. It was asserted that HC-Virender Singh (PW11) was present in the office of Special Investigating Unit (SIU) at around 4:00 pm on 05.03.2018, when he received a secret in

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