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2009 Supreme(P&H) 292

SHAM SUNDER, K.S.GAREWAL
Mohinder Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellant:Mr. G.S. Gill, Advocate with Ms. Nidhi, Advocate.
For the Respondent:Mr. H.S. Sran, Addl. Advocate General, Haryana.

JUDGMENT

Sham Sunder, J.:- This appeal is directed against the judgment of conviction dated 27.1.2000, and the order or sentence dated 28.1.2000, rendered by the Court of Sessions Judge, Kurukshetra, vide which it convicted the accused/appellant, for the offence; punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter called as ‘the Act’ only) and sentenced him, to undergo rigorous imprisonment for a period of 12 years, and to pay a fine of Rs.1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of three years, for having been found in possession of 12 bags, each containing 35 kgs. poppy-husk.

2. The facts, in brief, are that on 6.7.1997, Naranjan Singh, ASI of CIA staff, Kurukshetra, alongwith some other police officials, proceeded for patrol duty, at about 10.30 A.M. and when the police party was present near the bridge, on the canal, in the area of village Megha-Majra, a secret information was received, that the accused was engaged in the sale of poppy-husk, and was indulging in such nefarious activities, while sitting in a room (kotha), on the unmetalled path. On receipt of the secret infor


















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