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1998 Supreme(P&H) 1262

R.L.ANAND
Pralad – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Mr. D.S. Pheruman, Advocate.
For the Respondent: Mr. J.S. Brar, DAG, Punjab.


JUDGMENT

R.L. Anand, J. - This is a criminal appeal and has been directed against the judgment and order dated 7.10.1997 passed by the Court of Addl. Sessions Judge, Amritsar, who convicted the appellant Pralad under Section 18 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter called the Act) and sentenced him to undergo RI for a period of ten years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to further undergo RI for six months.

2. The brief facts of the case are that on 23.10.1996 a police party consisting of PW1 Karnail Singh, HC and other police officials headed by PW2 Kashmir Singh, ASI was patrolling the area. When the police party reached near the cremation ground, Sultanwind Road, Amritsar, they saw the accused coming from the opposite side. On seeing the police party, the accused tried to conceal himself in the bushes. On the basis of suspicion he was apprehended. At that time the accused was carrying plastic cover in his right hand. PW2 Kashmir Singh, ASI told the accused that the latter was having some intoxicant and the former wanted to take the search of the latter and whether the accused wanted to give the s



























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