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2017 Supreme(P&H) 2542

JITENDRA CHAUHAN
GANNU – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Mannat Anand, Advocate
For the Respondent: Mehardeep Singh, Addl.A.G., Punjab

JUDGMENT :

Jitendra Chauhan, J.

The present appeal has been preferred by the appellants challenging the judgment and order dated 20.07.2004, passed by the learned Judge, Special Court, Patiala (hereinafter referred to as the trial Court), whereby, they have been convicted for the commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- each along with default clause.

2. The brief facts of the present case as narrated in the opening paragraph of the impugned judgment, are reproduced as under:-

"Both the accused face trial for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter called the Act) on the allegations that on 14.10.2002 in the area of G.T. Road, Rajpura, they both were found in possession of three bags containing 106.500 gms of poppy husk, by the police party headed by SI Balkar Singh of CIA Staff, Rajpura.

2. The case of the prosecution, in brief, is that on 14.10.2002 SI Balkar Singh of CIA Staff Rajpura alongwith his police party was present in front of































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