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2011 Supreme(P&H) 79

KANWALJIT SINGH AHLUWALIA
Ganga Dhar – Appellant
Versus
State Of Haryana – Respondent


Judgment

Kanwaljit Singh Ahluwalia, J.

1. Present appeal has been preferred by Ganga Dhar son of Hukam Chand, aged 40 years. He was named as an accused in case FIR No. 7 dated 31.01.2000 registered at Police Station Loharu under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, the Act).

2. The Additional Sessions Judge, Bhiwani, vide his judgment dated 4th February, 2001 held the appellant guilty of the offence punishable under Section 15 of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lakh, in default of payment of fine to further undergo rigorous imprisonment for one year.

3. As per the prosecution case, on 30th January, 2000, 24 kilograms of poppy straw was recovered from the possession of the appellant.

4. Briefly stated, case of the prosecution is found in the FIR Ex.PG. SI Sampat Ram, SHO of Police Station Loharu, on 31st January, 2000 accompanied by his companion police officials, was going to village Dhani Rahimpur in connection with patrol duty and nakabandi in a Government vehicle, which was being driven by Constable V





















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