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2010 Supreme(P&H) 1318

HEMANT GUPTA, JASWANT SINGH
Sandeep Kumar @ Bachi @ Malkiat Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

Hemant Gupta, J.

1. This order shall dispose of Criminal Appeal No. 550-DB of 2007 filed by the convict against the judgment of conviction dated 5.5.2007 and order of sentence dated 7.5.2007 passed by the Addl. Sessions Judge, Sirsa, whereby the appellant was convicted for an offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as the Act) and sentenced to undergo rigorous imprisonment for a period of 12 years, and to pay a fine of Rs. 1 lac and; Criminal Appeal No, 323-DB of 2008 filed by the State of Haryana against the acquittal of Sarja Singh, owner of the truck from which, the contraband was recovered.

2. The prosecution case was set in motion on the statement of Inspector Om Parkash, SHO P.S. Sirsa. He has stated that on 17.7.2004, when he was on duty alongwith other police officials, he received a secret information to the effect that a truck bearing registration No. RJ-13-G-0712 loaded with huge quantity of gunny bags of poppy straw by Madan Lal@ Maddi son of Mahinder and Sandeep Kumar, driver would come on road by the side of Lord Shiva College and if a nakabandi is held on way of Lord Shiva College, they















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