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2008 Supreme(P&H) 480

SHAM SUNDER
Sher Singh S/o Kishan Lal, R/o Village Jatu Luhari – Appellant
Versus
State Of Haryana – Respondent


Judgment

Sham Sunder, J.

1. This appeal is directed against the judgment of conviction dated 15.5.1997, and the order of sentence dated 22.5.1997, rendered by the Court of Addl. Sessions Judge (1st), Bhiwani, vide which it convicted the accused/appellant Sher Singh, for the offence punishable under Section 20 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 five years.

2. The facts, in brief, are that on 2.4.1996, Phool Singh, SI, alongwith other police officials, including Jagat Singh, ASI, etc. was present on Dhani Harsukh turning in the area of Gujrani, when they noticed the accused coming from the side of Dhani Harsukh. On seeing the police party, the accused turned towards Chang road to avoid his apprehension. Phool Singh, SI, however, apprehended him. He was carrying a bag (thaila), on his right shoulder, at that time. Search of the bag (thaila), in accordance with the provisions of law, was conducted. It was found containing 650 gr














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