ANIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment passed by the Court of learned Special Judge(III), Mandi in Trial No. 24/15/2011, dated 21.07.2016, vide which, the appellant stood convicted by the learned trial Court for commission offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and was sentenced to undergo rigorous imprisonment for 7 years and also to pay a fine of Rs.70,000/- and in default of payment of fine to further undergo simple imprisonment for 2 years.

(2.) The case of the prosecution was that on 23.09.2010, ASI Gurdyal Singh and other police officials were on patrolling duty and were on their way from Ghatasani to Barot, when at around 4:00 p.m., they saw the accused Anil Kumar coming from Ghatasani side near Fuengalu.

(3.) After completion of investigation, challan was filed in the Court and as a prima facie case was found against both the accused, they were charge-sheeted for the commission of offence punishable under Sections 20 and 29 of the ND & PS Act, to which they pleaded not guilty and claimed trial.