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2024 Supreme(HP) 467

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma
Fateh Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. G.R. Palsra, Advocate.
For the Respondents:Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General.

JUDGMENT :

Sandeep Sharma, J.

1. Instant Criminal appeal filed under Section 374 of the CrPC lays challenge to judgment dated 10.9.2021 passed by the learned Special Judge, Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 32 of 2015, titled State of Himachal Pradesh v. Fateh Ram , whereby Court below while holding the appellant/accused (hereinafter referred to as “accused”), guilty of his having committed offence punishable under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act (in short “Act”), convicted and sentenced him to undergo rigorous imprisonment for a period of six years and pay compensation to the tune of Rs. 60,000/-.

2. Precisely, the facts of the case, as emerge from the record are that SHO Chet Singh (PW10), HC Nand Lal (not examined), HC Rajesh Kumar (PW4), Constable Khem Chand (not examined) and Constable Ramji Dass (not examined), present at Nagchala in the official vehicle being driven by Constable Devender Kumar (not examined) in connection with the theft of Raghunath temple saw the accused coming from Bagla to Nerchowk on foot. Since after having seen police, accused attempted to run away, police apprehended him on t

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