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2019 Supreme(P&H) 1196

RAJIV SHARMA, HARINDER SINGH SIDHU
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Vipul Jindal, Advocate.
For the Respondents: S.P.S. Tinna, Addl. A.G.

JUDGMENT :

Rajiv Sharma, J.

This appeal is directed against judgment dated 22.08.2017 and order dated 23.08.2017, rendered by Judge, Special Court, Amritsar, in NDPS Case No. 745 of 2014. Appellant Gurpreet Singh alias Mani was charged with and tried for the offence punishable under Section 21 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act for brevity). He was convicted and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,50,000/- under Section 21 of the NDPS Act. In default of payment of fine, he was ordered to further undergo simple imprisonment for six months.

2. The case of the prosecution, in a nutshell, is that on 05.09.2013, at about 9.30 AM, ASI Jaswant Singh, Incharge, Police Post Town Jandiala, along with HC Sarabjit Singh and other police officials was present at bridge over canal, village Dharar, on their private motor cycles, in connection with patrolling. A Hindu young man was seen coming on foot by the side of canal from village Gunnowal side. After seeing the police party, he immediately tried to turn back. He was apprehended. His antecedents were ascertained. ASI Jaswant Singh, w

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