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2004 Supreme(SC) 1355

C.K.THAKKER, ARIJIT PASAYAT
State Of Punjab – Appellant
Versus
Balbir Singh – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Respondents faced trial for alleged commission of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act ). Sans unnecessary details the prosecution version is as follows:

On 28.6.1987, Inspector Karnail Singh along with Head Constable Shamsher Singh, Head Constable Surjit Singh and other Police officials, were going from Moga to Talwandi dosanjh in Govt. Jeep for the search of suspects. When they reached on the crossing of Talwandi Bhangarian. Dosanjh, a bullock cart was seen coming from opposite side. Accused Sukhwinder Singh was driving that cart whereas his co-accused Kuldip Singh and Balbir Singh were sitting on bags carried on that cart on bags. The police party asked accused Sukhwinder Singh to stop the cart. Accused Kuldip Singh and Balbir Singh ran away whereas accused Sukhwinder Singh was apprehended at the spot. On search of the cart, 18 bags containing poppy husk were recovered from it. The weight of each of those bags was told to be 45 kg. by accused Sukhwinder Singh, 250 grams poppy husk was taken out as sample from each of the bags. The sample and the bags containing the remai

















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