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2006 Supreme(J&K) 177

J.P.SINGH
Sher Singh Alias Shera – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Devki Nandan
Advocate For Respondent: Aruna Thakur

1. Convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( NDPSA for short) for possession of 14.140 Kgs of Heroin Powder and sentenced to ten years rigorous imprisonment and a fine of rupees one lac, Sher Singh alias Shera has appealed to this Court seeking setting aside his conviction and sentence recorded by learned Principal Sessions Judge, Jammu, hereinafter to be referred as the Trial Court.

Prosecution Case

2. Prosecution case, in brief, is that an ambush was laid on 11.01.1996 by Station House Officer, Police Station Domana, at Keran Ban Talab, in view of an information that some persons would be carrying Heroin to Jammu via Keran Bantalab. At about 5 a.m., three persons with bags on their shoulders were asked to halt at the barrier. Two persons taking advantage of the darkness succeeded in giving a slip to the police, whereas appellant was apprehended alongwith his bag, which on search was found to contain fifteen packets of Heroin powder besides an amount of rupees two hundred. F.I.R. No. 04 of 1996, thus, came to be registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985. A charge-sheet under Section 173 of the C































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