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2015 Supreme(SC) 1042

JAGDISH SINGH KHEHAR, R.BANUMATHI
BALDEV SINGH – Appellant
Versus
STATE OF HARYANA – Respondent


JUDGMENT

R. BANUMATHI, J.

Challenge in this appeal is the judgment dated 29.05.2003 passed by the High Court of Punjab and Haryana in Criminal Appeal No.39-DBA of 1995, wherein the High Court reversed the judgment of acquittal passed by the Sessions Judge, Sirsa and convicted the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) on account of having been found in possession of poppy husk and sentenced him to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.1,50,000/-and in default to undergo rigorous imprisonment for six months.

2. Briefly stated case of the prosecution is that on 16/17.09.1990 mid night at about 12.15 a.m., Chander Singh-SI alongwith Ram Singh-ASI and team of police personnel with Government Jeep No. HNN 3108 and a private jeep were holding Nakabandi on both sides of Kacha path leading to village Kingre from G.T. Road for detection of the contraband. At that time, a tractor No.RJV 6299 with trolley was heading towards the road from the village and the same was stopped and the appellant was apprehended and he was inquired about the gunny bags of poppy husk lying in the trolley. The appellant was s





























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