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2006 Supreme(P&H) 1203

K.S.GAREWAL, PRITAM PAL
Bikkar Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Pritam Pal, J.

1. Appellant-Bikkar Singh (55 years) has filed this appeal against judgment and order dated July 17, 2001 whereby he was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced to undergo Rigorous Imprisonment for a period of 13 years with a fine of Rs. one lac and in default of payment of fine to further undergo RI for a period of one year. The prosecution story is like this :

2. On June 10, 1993, at about 4.00 p.m., PW-2 SI Gurmail Singh, the Investigating Officer in this case, received a secret information at Police Station, Sudhar (Ludhiana) that the present appellant and three others, namely, Pritam Singh (P.O.), Joginder Singh (since acquitted vide order dated 22.3.2001) and Resham Singh (PO) were selling a large quantity of poppy-husk lying in the sugar-cane fields of one Ajaib Singh of Village Mohi and if a raid is conducted then they could be apprehended. On receiving this information, the Investigating Officer recorded the FIR (Ex. PA) and then raided the disclosed place after joining a public witness, namely, Gian Singh. When the police party reached at the aforesaid
















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