Himachal Pradesh Court February 2006 Judgments
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Gopal Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Feb-28-2006
Reported in: 2006(2)ShimLC97
Deepak Gupta, J.1. The present appeal under Section 36-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) is directed against the judgment dated 18.3.2005 passed by the learned Additional Sessions Judge (Fast Track), Kullu, H.P. in Sessions Trial No. 112 of 2003 (RBT. S.T. No. 011 of 2004) whereby the appellant-accused has been convicted for the offence punishable under Section 20 of the NDPS Act and sentenced him to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs. 50,000/-. In default of payment of fine, the accused has been sentenced to undergo simple imprisonment for a period of six months.2. Briefly stated the prosecution story is that on 7th July, 2003, PW-9 SI Balwant Singh alongwith PW-1HHC Om Prakash, PW--2 HHC Jai Krishan, HHC Nand Lai were on patrol duty. They had gone to set-up a 'naka' at Kasol and were returning from police post Kasol to Manikaran. It is further the prosecution case that at ab...
State of Himachal Pradesh Vs. Tara Chand and ors.
Court: Himachal Pradesh
Decided on: Feb-28-2006
Reported in: 2006CriLJ3073,2006(2)ShimLC91
Surjit Singh, J.1. This appeal, by the State of Himachal Pradesh, is directed against the judgment, dated 26.7.1999, of learned trial Magistrate, whereby respondents Tara Chand, Harish Kumar and Mithni Devi have been acquitted of offences, Under Sections 353 and 332 read with Section 34 of the Indian Penal Code, for which they were tried.2. Case was registered against the respondents on a complaint of one Mathura Prasad, J.E., which he submitted to Assistant Engineer, Electrical Sub-Division on 17.10.1997. It was alleged in the complaint that on 15.10.1997 the complainant (Mathura Prasad) had gone to village Mana in Karsog Tehsil in the company of two other officials of the Electricity Board, namely PW-1 Mast Ram and PW-2 Chet Ram and that when they went to the house of respondent Tara Chand, they noticed that some flexible wire had been fixed to the meter and through that wire electricity was being consumed inside the house. He further complained that when, after removing that wire, h...
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