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2008 Supreme(P&H) 784

SHAM SUNDER
Kundan Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

Sham Sunder, J.

1. This appeal is directed against the judgment of conviction dated 2.9.1998, and the order of sentence dated 3.9.1998, rendered by the Court of Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Kundan Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as `the Act only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of 2 years.

2. The facts, in brief are that on 21.2.1996, Sham Lal, ASI, alongwith Gurdial Singh, HC, and Karam Vir, Constable, was on patrol duty, and when they reached near Singhra crossing Kuchpura, a person was seen coming from the side of Karnal, having a white bag, in his hand. On seeing the police party, he turned back. On suspicion, he was apprehended. On interrogation, he disclosed his name Kundan Singh S/o Attar Singh. The search of the bag, being carried by him, was conducted, in accordance with the provisions of law, which resulted into the recovery of 2 Kgs. Poppy-husk (chura post











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