TOSHAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these appeals arise out of a common judgment of conviction and sentence passed by the learned Special Judge(1) Mandi, District Mandi, they were taken up together for hearing and are being disposed of by a common judgment.

(2.) The appellants, after trial, have been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000.00 each for the offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'ND&PS Act') and in default of payment of fine, to further undergo simple imprisonment for a period of one year each, and aggrieved thereby have filed the instant appeals.

(3.) Case of the prosecution, in a brief, is that on 19/1/2016, HC Tek Chand (PW11), C. Kamal Kishore (PW2) HHG Maan Singh and HHG Vijay Sen (PW3) were present at A.P.M.C. barrier Pungh and had laid a Nakka in connection with routine patrolling and traffic checking.