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2019 Supreme(P&H) 1331

RAJIV SHARMA, HARINDER SINGH SIDHU
Dilbagh Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
A.P.S. Deol, Adv., Vishal Rattan Lamba, Adv., Vishal Garg, Adv.

JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted against the judgment and order dated 13.10.2012 and 16.10.2012 rendered by the Additional Sessions Judge, Bhiwani, in NDPS Act Case No.2 of 2011/2012.

2. Both the appellants along with co-accused Baljeet, Shyama, Rajesh, Raju alias Narender and Prabhu were charged with and tried for offences punishable under Sections 15(c), 27(A) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). The appellants have been convicted and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,25,000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of six months for offence under Section 15(c) of the NDPS Act. Co-accused Baljeet, Shyama, Rajesh, Raju alias Narender and Prabhu were acquitted. Appellants were also acquitted for the offence under Section 27-A and 29(1) of the NDPS Act.

3. XXX XXX XXX

4. The case of the prosecution in a nutshell is that on 17/18.07.2011 police party headed by ASI Om Parkash comprising of Head Constable Ramphal, EHC Surender and Constable Vikas was present at Police Post Jhuppa Kalan. He received secret

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