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2022 Supreme(SC) 830

UDAY UMESH LALIT, S. RAVINDRA BHAT, PAMIDIGHANTAM SRI NARASIMHA
Sanjeev – Appellant
Versus
State Of Himachal Pradesh – Respondent


JUDGMENT :

Uday Umesh Lalit, J.

1. This appeal under the provisions of Section 379 of the Code of Criminal Procedure, 1973 read with Section 2(A) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is directed against the judgment dated 26.05.2016 passed by the High Court1[The High Court of Himachal Pradesh at Shimla] reversing the acquittal rendered in favour of the appellants by the Trial Court2[The Special Judge, Fast Track, Kullu, Himachal Pradesh and order dated 20.06.2016 passed by the High Court imposing punishment of rigorous imprisonment of ten years, with imposition of fine in the sum of Rs.1,00,000/-(Rupees One Lakh Only) in respect of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the NDPS Act” for short).

2. For the sake of facility, we may reproduce the case of the prosecution as narrated by the High Court in its judgment and order under challenge:

    “2. The case of the prosecution, in a nut shell, is that on 22.12.2010, HC Nand Lal along with other police personnel was on patrolling duty in official vehicle. They spotted the accused of Ruara Bridge sitting by the side of the road. The accuse

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