Jitendra Chauhan, J.

1. This present appeal is directed against the judgment dated 17.11.2003, and the order dated 18.11.2003, passed by the Presiding Officer, Special Court, Kurukshetra, vide which the accused-appellant has been convicted for having been found in possession of 450 grams opium, without having any valid permit or licence and sentenced to undergo rigorous imprisonment and to pay a fine as under:--

Name of accused person Under Section Sentence awarded In Default of fine

Rames18 of N.D.P.S. Act R.I for six months and to pay a fine of Rs. 10,000/-Imprisonment for one month.

The facts of this case are taken from para No. 2 of the judgment of the trial Court which are as under:--

On 13.04.1998, ASI Dharambir Singh along with Head Constable Om Parkash, Head Constable Surender Singh and constables Kaptan Singh, Rajbir Singh, Shamsher Singh were going towards Rattangarh on G.T. Road, in government vehicle, in connection with patrolling. When they reached near the vacant land of the Miri Piri Medical College, a person, on seeing the Police Gypsy ran towards the gate of Medical College and he was overpowered by the police party. On enquiry, he disclosed his name as Ramesh Kumar so

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