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2015 Supreme(P&H) 1851

DARSHAN SINGH
Avtar Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Appellant in CRA-S-1632-SB-2004:Ms. Aditi Girdhar, Advocate (Legal Aid Counsel).
For the Appellants in CRA-S-2381-SB-2004 Mr.B.S. Kathuria, Advocate.
and CRA-S-1284-SB-2005:
For the State of Punjab:Mr. Manjit Singh Naryal, Additional Advocate General.

JUDGMENT

Mr. Darshan Singh, J.:- This judgment of mine shall dispose of all the three appeals mentioned above, which have been presented by appellants Avtar Singh, Kali Dass alias Kali and Jagtar Singh against the same judgment of conviction dated 14.08.2004, passed by the learned Judge, Special Court, Ludhiana, vide which all the three appellants were held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the ‘Act’) and the order of sentence of the even dated, vide which all the appellants were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.00,000/-, each and in default of payment of fine, they were ordered to further undergo simple imprisonment for a period of one year, each.

2. The brief facts, giving rise to this prosecution, are that on 25.07.2002, PW6 SI/SHO Waryam Singh (the Investigating Officer of the case), along with other police officials was present on Bahadurke Road. He received a secret information that all the three accused-appellants were coming from the side of Noorwala towards Bahadurke for selling poppy husk. They had lo















































































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