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2008 Supreme(P&H) 554

SHAM SUNDER
Rajesh Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

SHAM SUNDER, J.

1. This appeal is directed against the judgment of conviction dated 9.1.1997, and the order of sentence dated 10.1.1997, rendered by the Court of Addl. Sessions Judge, Bhiwani, vide which it convicted the accused/appellant Rajesh Kumar, 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 25.12.1995, Maman Singh, ASI, alongwith other police officials, was present in the area of Loharu, when Satbir son of Kalu, a public witness, met him. He was joined with the police party. Maman Singh, ASI, was going to the side of Railway Road, and when he reached the said road, the accused was seen coming from the side of Chirawa via Chirawa road. He was having a bag (katta), and on noticing the police party, he started walking swiftly. He was apprehended. The search of the bag, being carried by the accused, was conducted, in accordance with th












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