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2008 Supreme(P&H) 2190

SHAM SUNDER
Jagir Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellant No.1:Mr. Atul Lakhanpal, Sr. Advocate, with Mr. R.S. Chahal, Advocate.
For the Appellant No.2:Mr. R.N.Khush, Advocate.
For the Respondent: Mr. A.K.Jindal, AAG, Haryana.

JUDGMENT

Sham Sunder, J.:- This appeal is directed against the judgment of conviction dated 17.12.2002, and the order of sentence dated 19.12.2002, rendered by the Court of Addl. Sessions Judge, Fatehabad, vide which it convicted Jagir Singh and Sunder Pal, accused/appellants, for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as ‘the Act’ only) and sentenced them, to undergo rigorous imprisonment for a period of 10 years each, and to pay a fine of Rs.1 lac each, and in default of payment of the same, to undergo rigorous imprisonment for another period of three years each, for having been found in possession of 10 bags, each containing 40 kgs. poppy-husk, without any permit or licence. However, the trial Court, acquitted Laloo @ Lal Singh and Amrik @ Raju, accused.

2. The facts, in brief, are that on 17.1.1997, a police party headed by Badan Singh, SI, was present, on Budhlada road, near Ghaghar ravine, when a tractor bearing registration No.HYF-1146, to which a trolley was attached came from the side of Ratia. The tractor was signalled to stop. It was stopped. The driver and one occupant sitting in the trolley
















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