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2009 Supreme(SC) 1178

MUKUNDAKAM SHARMA, B.S.CHAUHAN
Balbir Kaur – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant :Ms. Kamini Jaiswal, Ms. Shomila Bakshi, Abhimanu Shreshtha, Advocates.
For the Respondents:Kuldip Singh, R.K. Pandey, T.P. Mishra, Advocates.

JUDGMENT

Dr. Mukundakam Sharma, J.—

1. This appeal is directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh on 15.05.2008 whereby and whereunder the High Court upheld the order of conviction passed against the appellant herein for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) and sentenced her to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same to undergo rigorous imprisonment for another period of two years, for having found in possession of 2 bags containing 61 Kgs. of poppy husk, without any permit or licence.

2. The facts stated in brief are that on 19.12.1988, Sub Inspector Uttam Singh along with ASI Kasturi Lal and other police officials, was going from village Shambu to Village Tepla, Rajgarh and Ram Nagar Sainia, for patrol duty and when the police party reached near the turning of Village Darian, the appellant was found sitting on two bags. It is alleged that on seeing the police party, the appellant turned her face towards her village. Due to the conduc



























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