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1995 Supreme(P&H) 438

SAROJNEI SAKSENA
Jal Singh S/o. Khazan Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

Dr.SAROJNEI SAKSENA, J.

1. Accused-appellant has preferred this Criminal Appeal against his conviction and sentence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) recorded in Sessions Case No. 7 of 1986 by Shri R. N. Batra, Additional Sessions Judge, Bhiwani.

2. The factual matrix of the case is that on 16-2-1986, the accused was travelling in Haryana Roadways Bus, when this bus stopped at bus stand Jhupa, Head Constable Dharambir accompanied by other police constables checked the said bus. He found that the accused sitting on the rear seat of the bus, putting a bedding on his thighs. Head Constable Dharambir checked this bedding Ex. P. 5. It contained one blanket Ex. P. 1, three shawls Ex. P2 to Ex. P4 and opium which was wrapped in a wax paper. Accused was made to alight from the bus. On weighment opium was of 10 kilograms. 10 grams of opium was taken out as a sample. Two packages were prepared and were sealed with the seal of DB. Remaining opium Ex. P. 7 was sealed in a tin box. After use seal was handed over to Constable Prem Singh. All these articles were seized vide seizure memo Ex. PA. on personal search, Rs. 36050, o










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