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2023 Supreme(P&H) 142

HARPREET SINGH BRAR
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dinesh Kumar Prajapati, Legal Aid Counsel
For the Respondent: Ms. Ishma Randhawa, Adv

JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present appeal is directed against the judgment of conviction dated 13.10.2016 passed by the learned Judge, Special Court, Amritsar in case bearing FIR No.67 dated 03.06.2014 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) registered at Police Station Mehta, District Amritsar whereby the appellant has been convicted for commission of offence under Section 22 of the NDPS Act and vide order of sentence dated 21.10.2016 he has been sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.1 lakh and in default of payment of fine to further undergo rigorous imprisonment for one year.

FACTUAL BACKGROUND

2. In brief, the version put forth by prosecution is that on 03.06.2014, while being on patrolling duty, ASI Sawinder Singh (Investigating Officer) along with other police officials was present at Dhardeo Wadala Link Road, where police party noticed that one person, who was coming on foot from western side, got perplexed after looking at the police party and started walking briskly in opposite direction. He threw a polythene bag on the ground

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