HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against common judgment and order dtd. 5/12/2023 passed by the High Court of Himachal Pradesh in Criminal Appeal No. 93 of 2020 and Criminal Appeal No. 230 of 2020, in so far as the decision relates to Criminal Appeal No. 93 of 2020, which was the appeal preferred by the appellant herein.

(3.) Noticing the facts, on 22/12/2014, the police squad was exercising Nakabandi duty at Tunnuhatti Police Barrier in wee hours. At around 3.50 a.m., while checking the vehicles, a grey coloured Esteem car bearing registration No. PB-65A-9377 was seen coming from the side of Banikhet. The police party stopped the car for checking. The driver revealed his name to be Kulwant Singh who was also the registered owner of the car, and the appellant Hem Raj sitting on the front seat, were the two occupying the car. When driver Kulwant Singh opened the window glass, the smell of cannabis spread out.