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2000 Supreme(P&H) 469

T.H.B.CHALAPATHI
Gurjant Singh alias Rana – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Mr. T.N. Gupta, Advocate.
For the Respondent: Mr. G.S. Gill, D.A.G., Punjab.

JUDGMENT

T.H.B. Chalapathi, J. - These two appeals are directed against the conviction and sentence imposed by the learned ASJ Faridkot in Sessions Case No. RT-3 dated 5.6.97 imposed by his judgment dated 14.10.99 on the appellants for the offence under Section 15 of the NDPS Act. According to the case of the prosecution, on 25.1.97 at about 9 p.m. the police party headed by SI Mukhwinder Singh and others were on patrolling duty. When they were going from Dauder towards Badni Khurd one tractor trolley came from the opposite side. SI stopped the said tractor trolley. Two persons who were sitting on the mudguard of the tractor trolley ran away while the driver of the tractor trolley was apprehended. From the tractor trolley poppy husk was recovered. In the statement of the driver namely Jagmohan Singh alias Boota Singh he has disclosed the names of these appellants as the persons who sat at the mudguard and who ran away on seeing the police party. After completion of the investigation challan was presented against Jagmohan Singh and the appellants in these appeals for the offence under Section 15 of the Act. In order to prove the guilt of the accused the prosecution examined 5 witness




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