AVTAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant assails judgment and sentence order dtd. 16/11/2019, passed by learned Special Judge(1), Mandi, District Mandi, H.P., in Sessions Trial No. 28 of 2016, whereby the appellant has been convicted for commission of offence punishable under Sec. 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'ND&PS' Act) and to pay a fine of Rs. One lac, in default of payment of fine, appellant has to undergo further simple imprisonment for one year.

(2.) The case of prosecution in nutshell was that on 31/1/2016, the team of police officials comprising of PW-12 ASI Jeet Singh, PW-10 C. Harash Chand No. 572, PW-11 HC Durga Dass No. 408, PW-13 HHC Balwant Singh No. 363 alongwith HHG Khem Raj, HHG Khem Singh and HHG Dinesh Kumar, left police post Balichowki for routine patrol duty, vide DDR No. 3. Ext. PW6/A.

(3.) 'Nakka' was laid at place known as Shilli-Larji, at about 10:45 am. Within ten minutes, the appellant was noticed by PW-12 ASI Jeet Singh, at some distance, who was approaching towards the police party. However, on noticing the police, the appellant had turned back and started walking briskly. Appellant was holding a bag in his right hand.