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1993 Supreme(Del) 596

A.D.SINGH
HIRA LAL – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
D.R.Sethi, N.K.Handa, Raman Sawhney

Anil Dev Singh

( 1 ) THIS is an appeal directed against thejudgment and order of learned Additional Sessions Judge dated 6/03/1990,whereby the appellant was convicted under Section 20 of the NDPS Act andsentenced to undergo imprisonment for a period of 10 years and to pay afine of Rs. 1 lakh.

( 2 ) THE prosecution case is that PW-9s. 1. Inder Singh, on August I,1988, received a secret information that two persons present near Sujansingh Park were having charas in their possession. Upon receipt of theinformation, a raiding party was constituted under the supervision of SHOTughlaq Road. Besides the SHO, the raiding party consisted of S. I. Ramkumar PW-5, S. I. Inder Singh PW-9 and Constable Sat Dev PW-4. ACPAjay Kumar PW-6 was also informed, who is alleged to have reached thespot. Alongwith the raiding party, a public witness PW-3 Shanker Lal, ascooter driver was also associated.

( 3 ) AROUND 4 p. m. of the same day viz. 1/08/1988 ths appellantwas apprehended at Maharishi Raman Marg near Sujan Singh Park andfrom his possession 4 kg. of charas was recovered 100 gms. of charas wasseparated from the seized case property as sample. The remaining quantityof charas and the sample were place




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