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2023 Supreme(P&H) 186

N. S. SHEKHAWAT
Bagga Singh @ Lakhvir Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Balbir Kumar Saini, Advocate
For the Respondent: Mr. Amish Sharma, AAG, Punjab

JUDGMENT :

N.S.Shekhawat, J.

1. The present appeal has been preferred against the judgment of conviction dated 25.09.2006 and the order of sentence dated 27.09.2006 passed by Learned Special Judge, Moga, whereby the present appellant has been convicted under Section 15(c) of the Narcotic Drugs and Psychotropic Act, 1985 (herein after referred to as the “NDPS Act”) and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-, along with default stipulation.

2. The prosecution story, as it emanates from the report under Section 173 Cr.P.C is that on 12.11.1993, Ajmer Singh ASI/SHO from Police Station, Mehna along with other police officials had set up a picket at about 04:45 AM, one truck bearing registration No. DIL8871 driven by Bagga Singh, accused came from the side of village Kokari Kalan and it was signaled to stop with the help of torch light. Three more persons namely, Sadhu Singh, Surjit Singh and Jarnail Singh were sitting by the side of Bagga Singh, accused. All the occupants, including the present accused Bagga Singh were apprehended by the police. Efforts were made to join any independent witnesses, but no person was will

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