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1999 Supreme(P&H) 1500

T.H.B.CHALAPATHI
Suraj Mal – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner: None.
For the Respondent:Mr. A.K. Rathee, Asstt. Advocate General, Haryana.

JUDGMENT

T.H.B. Chalapathi, J. - This appeal is directed against the conviction and sentence imposed on the accused-appellant by the Additional Sessions Judge, Sonipat in Sessions Case No. 4 of 1989 (Sessions Trial No. 18 of 1989) dated 22.8.1989.

2. The accused-appellant was prosecuted for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and pay a fine of Rs. one lac.

3. According to the case of the prosecution on 15.4.1989 Sub Inspector Jai Narain alongwith Police Constables was present at Bus Stand Bahalgarh in connection with excise checking. When they were checking the buses at Bahalgarh Bus Stand at about 6.30 a.m. a bus of Pepsu Roadways bearing No. PJG 7333 came from Delhi side for going towards Patiala. The said bus was stopped. The driver of the Bus Sansar Singh and conductor Hardev Singh came down from the Bus. Thereafter, Jai Narain went inside the Bus for checking the passengers and luggage. He found the accused sitting on the 2nd seat near the seat of the driver with an attache case under his feet. The Sub Inspector lifted th










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