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2009 Supreme(SC) 818

ARIJIT PASAYAT, ASOK KUMAR GANGULY
State of Punjab – Appellant
Versus
Nirmal Singh – Respondent


Advocates Appeared
Kuldip Singh Singh, R.K. Pandey, T.P. Mishra and Sanjay Katyal, Advs
Rajat Sharma, Dinesh Verma and A.P. Mohanty, Advs.

JUDGMENT

Arijit Pasayat, J.

1. Challenge in this appeal is the judgment of a learned Single Judge of the Punjab and Haryana High Court directing acquittal of the respondent who faced trial for alleged commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "Act"). It was alleged that the accused had kept 10 bags of poppy husk under the sugar care straw. Learned Additional Sessions Judge, Sangrur found the accused guilty and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/ -with default stipulation.

2. The prosecution version in a nutshell is as follows:

On February 25, 1988, ASI Darshant Singh PW2 was present alongwith Constable Baldev Singh, Avtar and Gurjant Singh, on Malerkotla bye-pass, Dhuri. He received a secret information that the present appellant was selling poppy husk in his house and if raided, the same could be recovered. Head Constable Darshan Singh PW1 also arrived there and he too, was joined in the polic party. After receipt of the secret information, ruqa EX.PC was sent to the concerned police station for the registration of the case, on the basis of which, fo










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