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2007 Supreme(HP) 92

SURJIT SINGH
RAMESH CHAND @ NIKKA – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Mr. Baldev Singh, Advocate, for the Appellant; Mr. Ashok Chaudhary, Additional Advocate General, for the Respondent.

JUDGMENT

Surjit Singh, J.—Heard and gone through the record.

2. Appellant has challenged the judgment of the Special Judge, whereby ii he has been convicted of an offence under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, and sentenced to undergo rigorous imprisonment for three and a half year and to pay a fine of Rs. 25,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year.

3. Case of the prosecution, as it emerges from the record/may be summed up thus. On 15.12.2003 when a police party, headed by PW-12 HC Sarbjeet Singh of CIA Staff Una, went towards Mehatpur in connection with routine patrolling, Constable Upnesh Kumar, who was already in the area of Mehatpur, informed HC Sarbjeet Singh that the present appellant had in his house large quantity of opium and that if search was conducted immediately the same could be recovered. That information was reduced into writing and sent to the Police Station for formal registration of the case. A copy of that information was also forwarded to the Superintendent of Police, Una, he being the immediate superior Officer of PW-12 Sarbjeet Singh.






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