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2023 Supreme(P&H) 1331

KARAMJIT SINGH
Kirpal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.K. Sood.
For the Respondent: Vinay Kumar Gupta.

JUDGMENT :

KARAMJIT SINGH, J.

1. The above-noted appeal has been directed against judgment of conviction and order of sentence dated 08.11.2004 whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for a period 10 years and to pay fine of Rs.1 lac and in default of payment of fine to further undergo rigorous imprisonment for a period of 2 years under Section 15 of NDPS Act by Judge Special Court, Patiala.

2. The brief facts of the case of prosecution are that on 07.06.2003 police party headed by ASI Harmanpreet Singh was on patrolling duty and secret information was received by the said police official to the effect that appellant Kirpal Singh was indulging in drug trafficking and at that time he was bringing poppy husk in a Esteem Car No. DL-1830 of white colour. On the basis of the said secret information ruqa Ex.P-K was dispatched and resultantly, FIR Ex.PK/1 was registered. Then raid was conducted in the area near Pakhar brick kiln situated on Talwandi Malik-Kahangarh Road. On the way, independent witness Rattan Khan was associated in the police party. On reaching near the spot appellant was found sitting on certain gunny bags. On seeing the police off

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