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2019 Supreme(P&H) 1056

RAJIV SHARMA, HARINDER SINGH SIDHU
Mohan Goyal @ Soni – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
Akshay Jain, S.P.S. Tinna.

JUDGMENT :

Harinder Singh Sidhu, J.

1. This appeal is instituted against the judgment and order dated 07.05.2016 rendered by the Judge, Special Court, Bathinda in Sessions Case No. 111 of 2012 whereby the appellant, who was charged with and tried for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) has been convicted and sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs. 1,50,000/- and in default to further undergo rigorous imprisonment for a period of two years.

2. The case of the prosecution in a nutshell is that on 22.09.2011 ASI Kirpal Singh, CIA Staff, Bathinda along with police party was on patrol duty in a government vehicle. They were going towards railway station, Bathinda through Mal Godown road. When police party reached near Shiv Mandir then accused present in the Court was seen coming from the railway line. He was carrying a card board box on his head. When he saw the police party he tried to go back. But he fell down. The card board box fell on the footpath. Some vials came out of the box. On suspicion the vehicle was stopped and the accused was apprehended

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