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2023 Supreme(P&H) 135

N. S. SHEKHAWAT
Kewal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D.N. Ganeriwala, Mr. Nayandeep Rana, Advocate
For the Respondent: Mr. M.S. Bajwa, DAG, Punjab.

JUDGMENT :

N.S.SHEKHAWAT, J.

1. The present appeal has been preferred by the appellant challenging judgment of conviction and order of sentence dated 14.05.2004 passed by the learned Judge, Special Court, Jalandhar, whereby, the appellant was convicted for the commission of offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as ‘the NDPS Act’) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- alongwith default stipulation.

2. The brief facts of the case are that on 26.02.2000, Inderjit Singh, PW6, Investigating Officer alongwith several other police officials was present near High School of village Ghurka, where, he received a secret information that the present appellant and his co-accused were indulging in transportation and smuggling of poppy husk and on that day all the accused were present near the bridge of the water reservoir (also known as Sua in Punjab), within the area of village Ghurka and in case a raid was conducted, they could be apprehended at the spot. It was also informed that the accused were in possession of a scooter. A rukka was prepared by the Inv

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