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2023 Supreme(P&H) 590

SANJAY VASHISTH
Joga Singh – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. B.S. Saroha, Advocate, for the Appellant; Mr. Pawan Kumar Jhanda, AAG, Haryana, for the Respondent

JUDGMENT

Sanjay Vashisth, J. - Appellant - Joga Singh, aged about 45 years (at the time of conviction), has filed the present appeal challenging judgment of conviction dated 07.09.2004, and order of sentence dated 09.09.2004, passed by learned Special Judge, Panipat, in NDPS Case No. 97 of 2003, arising from FIR No. 46, dated 27.01.2001, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station City, Panipat.

2. On 27.01.2001, in the area of Bus Stand, Panipat, appellant was found in possession of 50 Kgs. of contraband, which was kept in a jute bag. After completing formalities, investigation and receipt of FSL Report (Ex. P-I), seized contraband was declared that of poppy straw. Accordingly, appellant - Joga Singh was put to trial. He was charged for the offence punishable under Section 15 of the NDPS Act, vide order dated 11.05.2001. Eventually, learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dated 07.09.2004 and vide separate order of sentence dated 09.09.2004, he was sentenced as under:-

Under Section

Sentence

Fine

In Default

15 of the NDPS Act

3 years RI

Rs. 10,000/-

9 mont

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