Rakesh Kumar vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1794

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

Advocates Appeared:
For the Appellant :Mr. Yashveer Singh Rathore, Advocate.
For the Respondent: Mr. J. S. Guleria, Mr. Raj Negi, Dy.A.Gs.

JUDGMENT :

Romesh Verma, J.

The present appeal arises out of judgment of conviction, as passed by the learned Special Judge-II, Kinnaur at Rampur Bushahr, District Shimla, dated 27.4.2023, in case FIR No.2/2022, dated 2.1.2022, registered at Police Station Brow, District Kullu, whereby the convict/appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of six months for the commission of an offence punishable under Section 29(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2 The story, as projected by the prosecution, is that on 2.1.2022 PW15 HC Anupam along with HC Jagdish Kumar, PW5 Constable Avinash Badal, Head Constable Sandeep Kumar, HC Kesar, Constable Ajay Kumar and Constable Hukam Chand proceeded on patrolling and traffic checking duty in their private vehicles vide rapat No. Ext.P1/PW5 in the areas of Kullu, Bhuntar, Banjar, Anni, Nirmand etc. They were having IO kit, search light, laptop with them. When the police party was present at place Bazirbowli, at about 5.20 P.M., an HRTC bus bear