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2000 Supreme(SC) 2035

S.N.PHUKAN, M.B.SHAH
Radhey Sham – Appellant
Versus
State Of Haryana – Respondent


(1) THIS appeal is filed against the judgment and order dated 8/2/1999 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 159-SB/1996 whereby the High Court dismissed the appeal and confirmed the judgment and order dated 2/2/1996 passed by the Additional Sessions Judge in Sessions Case No. 24/1995. By the impugned order Additional Sessions Judge has convicted the appellant under the provisions of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and sentenced him to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,00,000.00 and in the event of default in the payment of fine, to undergo rigorous imprisonment for one year.

(2) THE prosecution version is that on 18/2/1995 SI/SHO Baljit Singh along with AS! Subhash Chander, Head Constable, Om Prakash and other police personnel were present at village Taiwan! in connection with Nakabandi, a Maruti van of white colour came towards them and was signalled to stop but instead of stoppingthe same, was driven with speed. After going at some distance the van turned turtle and two persons from the said van alighted and started runn






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