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2007 Supreme(HP) 422

SURJIT SINGH, SURINDER SINGH
Rajiv Kumar alias Guglu – Appellant
Versus
State of H. P. – Respondent


JUDGMENT

Surjit Singh, J.

1. Appellant is aggrieved by the judgment of the trial Court whereby he has been convicted of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,00,000/-, in default of payment to fine to undergo rigorous imprisonment for a further period of two years.

2. Appellant was sent up for trial for an offence, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Police, on the following allegations. On 23.5.2003 when a Police Party, headed by PW-10 ASI Harbans Lal and comprising PW-2 HC Sarbjit Singh, PW-3 Constable Sanjiv Kumar and PW-5 HHC Sher Bahadur, as its other members, was present in village Laluwal in connection with routine patrolling, PW-1 Constable Suresh Kumar met it and informed PW-10 ASI Harbans Lal that he had secret information that the appellant had kept poppy straw in his house in village Bolcwal and that if search was conducted, without loss of any time, huge quantity of the contraband could be recovered. That information was reduced into writing, in the form of statement of PW-1 Const














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