Dula Ram vs State of H.P. - 2026 Supreme(HP) 174

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2026 Supreme(HP) 174

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
Dula Ram – Appellant
Versus
State of H.P. – Respondent

Advocates Appeared:
For the Appellant : Mr. Manoj Pathak and Mr. Parth Sagar, Advs., Mr. Ayush Chauhan, Adv. (Legal Aid Counsel).
For the Respondent:Mr. J.S. Guleria, Deputy Advocate General.

JUDGMENT :

Vivek Singh Thakur, J.

Appellants, in both these appeals, have preferred these appeals against common judgment dated 27.5.2009 passed by Special Judge-II, Sirmaur, District at Nahan in Sessions Trial No. 2-N/7 of 2008, titled as State of Himachal Pradesh Vs. Dula Ram and Another, in case FIR No. 365/2007, dated 30.10.2007, registered in Police Station Paonta Sahib, District Sirmour, H.P. under Section 15 of the Narcotic Drugs and Psychotropics Substances Act (for short “NDPS Act”), whereby appellants, who are co-convict have been convicted for commission of offence punishable under of the NDPS Act and have been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- and in default of payment of fine to further undergo simple imprisonment for a period of 1 year.

2. Both these appeals preferred by the appellants were allowed by co-ordinate Division Bench of this High Court vide judgment dated 15th December, 2009, mainly on the ground that report Ex. PW-17/E of chemical examiner, in view of judgment passed by this High Court in Rajiv Kumar alias Guglu Vs. State of H.P. , HLJ 2008 (HP) 247, was not considered to be a conclusive r