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M.B.SHAH, K.G.BALAKRISHNAN
Gurbax Singh – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Shah, J.—Aggrieved by the judgment and order dated 8th December, 1995, passed by the High Court of Punjab and Haryana in Criminal Appeal No.449-SB of 1986 confirming the judgment and order passed by the Additional Sessions Judge, Karnal dated 6.5.1986 convicting the appellant for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the N.D.P.S. Act”) and sentencing him to suffer rigorous imprisonment for 10 years and a fine of Rs. One lac, in default of payment of fine further rigorous imprisonment for 3 years, the appellant has preferred this appeal.

2. The accused was charged under Section 15 of the N.D.P.S. Act. For proving the same, prosecution has examined P.W.2. Ishwar Singh, SI who on 12th January 1986 at about 5.25 p.m. was present on platform No.1 of Railway Station, Karnal for checking smuggling and other anti-social elements. At about 5.25 p.m. Kalka passenger train arrived at Karnal from the side of Panipat and halted at platform No.1. It is his say that when he was checking a second class compartment, the appellant who was sitting in the compartment became panicky and left the train fr

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