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2015 Supreme(SC) 389

DIPAK MISRA, N.V.RAMANA
Kulwinder Singh – Appellant
Versus
State of Punjab – Respondent


JUDGMENT

Dipak Misra, J.

In this appeal, two appellants, namely, Kulwinder Singh and Amrik Singh faced trial along with three others for the offence punishable under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) before the Special Court, Sangrur and were found guilty for the said offence and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lakh each and, in default of payment of fine, to suffer rigorous imprisonment for a further period of one year. The conviction and sentence were called in question before the High Court in Criminal Appeal No. 384-SB of 1998 and the High Court after re-appreciating the evidence, gave the stamp of approval to the same.

2. The prosecution case, as unfurled, is that on 17.4.1988, Jarnail Singh, ASI, along with other police officials was patrolling on the canal bridge in the area of village Raidhriana. In the early part of the morning, a truck bearing no. DIL-781 came from the side of village Raidhriana and it was proceeding towards the canal bridge. When the truck reached near the police party, Jarnail Singh, gave a signal with a torch light and asked t

































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