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2023 Supreme(P&H) 360

SANJAY VASHISTH
Santokh Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Ananya Bhardwaj, Advocate for Mr. D. N. Ganeriwala, Advocate, for the Appellant; Mr. J. S. Arora, DAG, Punjab

JUDGMENT

Sanjay Vashisth, J. (Oral) - Appellant - Santokh Singh, aged 35 years (at the time of conviction), has filed the present appeal challenging judgment of conviction and order of sentence dated 05.11.2004, passed by Judge Special Court, Rupnagar, in Sessions Case No.4/8.01.2003, arising from FIR No. 84 dated 29.09.2002 under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Chamkaur Sahib.

2. On 29.09.2002, in the area of Bhairon Majra, appellant was found in possession of 10 kg 500 grams of contraband, which was kept in a plastic bag. After completing formalities, investigation and receipt of FSL report E.x PH, seized contraband was declared that of poppy husk. Accordingly, appellant - Santokh Singh, was put to trial. He was charged for the offence punishable under Section 15 of the NDPS Act. Eventually, learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dated 05.11.2004 and vide separate order of sentence of even date i.e. order dated 05.11.2004, he was sentenced as under:-

Under Section(s)

Sentence

Fine

In Default

15 of NDPS Act

06 months R. I.

Rs. 10,000/-

03 months R.

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