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2008 Supreme(P&H) 1290

SHAM SUNDER
Malkiat Singh Alias Kala – Appellant
Versus
State Of Punjab – Respondent


Judgment

Sham Sunder, J.

1. This appeal is directed against the judgment of conviction and the order of sentence dated 14.07.200S, rendered by the Judge, Special Court, Kapurthala, vide which she convicted the accused (now appellant), for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the Act only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to two years, for having been found in possession of 60 Kgs poppy husk, without any permit or licence.

2. The facts, in brief, are that on 3.7.1997 ASI Harjinder Singh along with H.C. Gian Singh and other police officials was going on the unmetalled passage, leading from Latianwala to Ahmadpur Channa, in connection with patrol duty, and when the police party reached near the motor of Ex-Sarpanch Kewal Singh, resident of village Ahmadpur, from the side of Ahmadpur Channa, a person was seen coming, carrying two bags on the carrier of his cycle. He was apprehended on suspicion. He disclosed his name as Malkiat Singh alias Kala son of Karnail Singh, r/o Village Latianwala, Police Station Sult












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