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2018 Supreme(SC) 1202

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR, M.R.SHAH
State of Punjab – Appellant
Versus
Rakesh Kumar – Respondent


JUDGMENT

N.V. Ramana, J.

1. Leave granted.

2. The present appeals are filed by the State having been aggrieved by the common judgment and order dated 29th January, 2018 passed by the High Court of Punjab and Haryana, allowing the applications for suspension of sentence, preferred by the accused-respondents herein under Section 389 Cr.P.C. and directing to release them on bail, while the Appeals are pending in the High Court.

3. In order to appreciate the merits of these appeals, brief facts which have emerged from the case of the prosecution need to be noted at the outset. In all these appeals, the accused-respondents were apprehended with “manufactured drugs” and convicted by the Trial Court for offences committed under Section 21 or Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “N.D.P.S Act”). The alleged offences and conviction recorded by the Trial Court against the respondents are listed below:

S.No.

Case No.

Name of Accused

Recovery

Conviction

Judgment By & Date

1.

CRA-S-840-SB-2015

Rakesh Kumar

3500 tablets o





























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