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2012 Supreme(P&H) 1642

Jitendra Chauhan
Lala – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Appellant in 2391-SB of 2007:Mr. J.S. Brar, Advocate.
For the Appellant in 1692-SB of 2004:Mr. Pankaj Sahotra, Advocate with Mr. RK Girdhar, Advocate.
For the Respondent in 1102-SB of 2004:Mr. KS Sekhon, Advocate.
For the Respondent in 1014-SB of 2004:Mr. Nand Lal Sammi, Advocate.
For the Respondent in 1080-SB of 2004:Mr. Kulbir Singh Sekhon, Advocate.
For the Respondent: Mr. Mehardeep Singh, DAG, Punjab and Mr. A.S. Kler, AAG, Punjab.

JUDGMENT

Mr. Jitendra Chauhan, J.:- This order of mine shall dispose of five appeals bearing Nos. 2391-SB of 2007, 1692-SB of 2004, 1102-SB of 2004, 1014-SB of 2004 and 1080-SB of 2004 against the judgment of conviction and order of sentence dated 16.4.2004, passed by the learned Special Judge, Ferozepur, convicting and sentencing the appellants under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as ‘NDPS Act’ to under­gone R.I for ten years and to pay a fine of Rs.1 lac each, and in default of payment of fine to further undergo R.I for one year.

2. In brief, the facts of the case are that on 25.4.1996, the about 8 p.m, police party headed by Inspector/SHO Budh Singh alongwith other po­lice officials was present in connection with Nakabandi on the bridge canal minor situated in the area of village Himmatpura on link road lead­ing from village Himmatpura to village Wazid­pur Home. At that time, a tractor trolley, bear­ing No. PBM-5197, was seen coming from the side of village Wazidpur Bhoma. SHO Budh Singh Investigating Officer in the case, signaled the tractor trolley to stop with the torch light. The driver Paramjit Singh @ Pamma s



















































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