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2021 Supreme(SC) 203

UDAY UMESH LALIT, K.M.JOSEPH
BOOTA SINGH – Appellant
Versus
STATE OF HARYANA – Respondent


Advocates Appeared:
For the Petitioner(s):Praveen Kumar, Rajnish Kumar Jha, Advocates
For the Respondent(s):Rakesh Kumar Mudgal, Monika Gusain, Advocates

JUDGMENT

Uday Umesh Lalit, J.

1. This appeal challenges the judgment and final order dated 03.03.2020 passed by the High Court of Punjab & Haryana at Chandigarh dismissing CR A-S-1759-SB-2004 preferred by the appellants and affirming their conviction and sentence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the NDPS Act” for short).

2. The basic facts and the case of prosecution as recorded by the High Court in its judgment are as under:

    “2. The facts as put forth by the prosecution are to the effect that on 28.01.2002, S.I. Nand Lal alongwith fellow police officials were present at the canal bridge on Surtia-Rori road, where he received a secret information to the effect that the accused are selling poppy straw in a vehicle bearing registration number GUD-4997 on a ‘kacha path’ at Rori-Jatana road and they can be apprehended if raid is conducted. Accordingly, a raid was conducted and the accused were found sitting in the jeep bearing registration number GUD-4997 at the aforesaid place. Major Singh, co-accused of the appellants, managed to slip away, whereas, the appellants were apprehend at the spot. They were found sitting upon two bags kept in the


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