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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Gian Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. legal repercussions under the ndps act for possession of narcotics. (Para 1) |
| 2. overview of the facts leading to police action and the accused's conviction. (Para 2 , 4 , 6) |
| 3. arguments related to the appeal and inconsistencies in witness testimonies. (Para 7 , 8 , 9) |
| 4. the court's reasoning regarding chance recovery and witness credibility. (Para 12 , 13 , 18) |
| 5. establishment of legal principles regarding independent witnesses and the evidentiary value. (Para 14 , 15 , 19) |
| 6. clarification on the necessity of independent witnesses in drug-related offenses. (Para 36 , 37 , 38) |
Rakesh Kainthla, Judge
The present appeal is directed against the judgment of conviction dated 25.09.2023 and order of sentence dated 26.09.2023 passed by learned Special Judge, Sundernagar, District Mandi, HP (learned Trial Court) vide which the appellant (accused before the learned Trial Court) was convicted of commission of an offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and was sentenced to undergo rigorous imprisonment for five years, pay a fine of ₹ 50,000/- and in default of payment of fine to undergo further rigorous impr
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