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2005 Supreme(P&H) 999

J.S.NARANG, BALDEV SINGH
Sukhdev Singh Alias Sukha – Appellant
Versus
State Of Punjab – Respondent


Judgment

Baldev Singh, J.

1. Sukhdev Singh alias Sukha son of Hazura Singh, resident of Village Bhima, Police Station, Rori, District Sirsa (Haryana) has filed this appeal against the impugned judgment of conviction and sentence order, both dated December 22, 1999, passed by Sh. A.S. Kathuria, the then Judge, Special Court (Additional Sessions Judge), Mansa, in the case, First Information Report No. 13 dated January 26, 1995, under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act), registered at Police Station Sardulgarh.

2. The appellant was convicted under Section 15 of the Act and was sentenced to undergo rigorous imprisonment for a period of twelve years and to pay rupees one lac as fine and in default of payment of fine to further undergo rigorous imprisonment for two years.

3. The prayer made in this appeal is to set aside the impugned judgment and the sentence order by acceptance of this appeal and to acquit the appellant of the charge framed against him under Section 15 of the Act.

4. The facts of the prosecution case are that on January 26, 1995, Gurdeep Singh, Inspector/Station House Officer of Police Station Sardulg














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