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2013 Supreme(SC) 332

P.SATHASIVAM, M.Y.EQBAL
Mohinder – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

P.Sathasivam,J.

1) This appeal has been filed against the final judgment and order dated 04.07.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 72-SB of 1994 whereby the High Court dismissed the appeal preferred by the appellant herein and confirmed the order dated 05.02.1994 passed by the Court of Additional Sessions Judge, Sirsa in Sessions Case No. 11 of 1993 convicting him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the Act’) and sentenced him to undergo rigorous imprisonment (RI) for a period of 10 years and to pay a fine of Rs. 1 lakh, in default, to further undergo RI for a period of two years.

2) Brief facts:

(a) According to the prosecution, on 23.08.1991 at about 1.30 p.m., S.I/SHO Dalbir Singh (PW-6), who was then posted at P.S. Ellenabad was present at Chowki of Mamera Khurd along with Head Constable Jagdish Rai (PW- 1) and Constables Pratap Singh and Jang Singh and one Rameshwar (PW-3). The accused-appellant came there and on seeing the police party, he sneaked into the field of Narma crop. He was apprehended on suspicion by Dalbir Singh (PW-6). At that time, the appellant was carr

















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