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2011 Supreme(SC) 288

AFTAB ALAM, R.M.LODHA
Jagdish Rai – Appellant
Versus
State of Punjab – Respondent


JUDGMENT

Aftab Alam, J. —

1. The appellant Jagdish Rai, along with another accused Ajaib Singh is convicted under section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) and sentenced to 10 years’ rigorous imprisonment and a fine of Rs.1 lakh with the direction that in default of payment of fine he would undergo rigorous imprisonment for 1 year.

2. According to the prosecution case, the appellant was coming on a Rajdoot motorcycle when he was intercepted by the police party. On seeing the police party, the appellant tried to turn around and flee away. He was, however, not successful in making good the escape and the motorcycle was stopped by the police party. Riding with the appellant on the pillion of the motorcycle was the other accused Ajaib Singh who had a bag slung from his shoulder carrying 4 kgs. of opium.

3. After the investigation was completed, both the accused were put on trial and were convicted and sentenced by the trial court, as noted above. In appeal, the High Court affirmed their conviction and the sentence awarded to them by the trial court.

4. As noted above, the High Court upheld the judgment of the trial court and dismiss











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