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2022 Supreme(P&H) 1542

H. S. MADAAN
Binder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Harsh Aggarwal, Advocate and Mr. Chandan Singh, Advocate, for the Appellant; Mr. G.S. Dhillon, Aag, Punjab, for the Respondent.

JUDGMENT

H.S. Madaan, J. - By this judgment, I intend to dispose of above mentioned two appeals arising out of the same judgment, passed by Judge, Special Court, Patiala in FIR No.692 dated 01.12.2000, for offences under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), registered with Police Station Kotwali, Patiala. Appeal No.CRA-S-1817-SB-2007 has been filed by appellantaccused Binder Singh whereas, appeal No.CRA-S-2281-SB-2007 has been filed by appellant-accused Mohinder Pal Singh.

2. Briefly stated the facts of the case, as per prosecution story are that on 01.12.2000, a police party from Police Station Kotwali, Patiala headed by SI Satpal Singh of CIA Patiala (hereinafter referred to as the Investigating Officer/IO) while travelling in an official vehicle, was present at Modi College Chowk, Patiala in connection with checking of bad elements; there the IO received a secret information that accused Binder Singh, Mohinder Pal, Gopal Singh and Harbhajan Singh were involved in sale and purchase of poppy husk and on that day, they were bringing poppy husk for sale in Maruti 1000, having registration No.DL-5C-4169 and if a picket wa

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