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2008 Supreme(P&H) 1245

SHAM SUNDER
Jagdish – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellant: None.
For the Respondent: Mr. A. K. Jindal, AAG, Haryana.

JUDGMENT

Sham Sunder, J.:-This appeal is, directed against the judgment of conviction dated 24.5.1997, and the order of sentence dated 27.5.1997, rendered by the Court of Addl. Sessions Judge, Hisar, vide which it convicted the accused/appellant Jagdish, for the offence, punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as ‘the Act’ only) and sentenced him to undergo rigorous imprisonment for a period of ten 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 two years, for having been found in possession of 2 Kgs. 520 grams opium, without any permit or licence.

2. The facts, in brief, are that, on 1.3.1996, Ghisha Ram, ASI, alongwith other police officials, was present at T-point Jhalania-Mohmaopur Rohi, in connection with patrol duty, when the accused was seen coming, with a bag, in his hand. On seeing the police party, he moved back, but was apprehended, on suspicion. On search of the bag, being carried by the accused, in the presence of the DSP, who was called to the spot, 2 Kg 520 grams opium, was recovered therefrom. A sample of 20 grams was s





















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