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2002 Supreme(P&H) 709

HEMANT GUPTA, R.L.ANAND
State Of Haryana – Appellant
Versus
Ramesh Kumar – Respondent


Judgment

Hemant Gupta, J.

1. The present appeal by the State has been directed against the judgment of acquittal dated 20.9.1994 passed by Additional Sessions Judge, Sonepat in a case FIR No. 110 of 29.3.1993 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Ganaur, District Sonepat.

2. Respondent-accused was apprehended on 29.3.1993 at Ganaur-Sonepat Road, Agwanpur turning near Railway Crossing. Present FIR was recorded on the basis of the rukka sent by Mahabir Singh ASI on 29.3.1993, which reads as under :

"Today, I the ASI along with, Satbir Singh C.No. 92, Dharampal No. 608 and Om Parkash No. 724 was present on the road leading from Ganaur to Sonipat at Agwanpur turning near Railway Crossing Ganaur in connection with Patrol duty. A young boy was seen coming by road from the side of village Raju-Garhi having a Khaki coloured bag having strings, in his right hand. On seeing the Police Party he became perplexed and retracted his steps. On suspicious, I the ASI with the help of the accompanying officials apprehended him, and I asked his name and address. He told his name as Ramesh Kumar son of Ram Singh, caste Gujar, resident o





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