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2025 Supreme(HP) 1439

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
State of Himachal Pradesh – Appellant
Versus
Rajesh Kumar alias Gullabu – Respondent


Advocates Appeared:
For the Appellant : Mr. Y. W. Chauhan, Sr. Addl. A.G.
For the Respondent:Mr. Narender Singh Thakur, Advocate

Judgment :

Romesh Verma, J.

The present appeal arises out of judgment, as passed by the learned Special Judge-IV, Kangra at Dharamshala, District Kangra, H.P., in Sessions Case No. 18- D/VII/2013, dated 23.8.2014, whereby the accused- respondent has been acquitted of the charges under Sections 15 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) in case FIR No. 1/13, dated 16.1.2013, registered at Police Station State CID Bharari, Shimla.

2 The case of the prosecution is that on 16.1.2013, Inspector Ramesh Kumar, SI Subhash Chand, HC Vinay Kumar and Constable Ravinder Singh, CID Crime Branch, Dharamshala were going in a private vehicle bearing registration No. HP40B-0102 and at about 4:45 P.M. in the evening, they were present at Sukhar Bharana. At the relevant time, Vice-President Harbans Singh and Ward Member Kewal Singh were interacting with them and in the meantime one private vehicle came from Rehan side and it was going towards Gangath (Indora) and in the said vehicle, there was only driver. When they tried to stop the vehicle on the suspicion that the said vehicle must be carrying illicit wood or liquor etc. the driver of the vehicle ran a


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