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2023 Supreme(P&H) 1602

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


Advocates appeared:
For the Parties : Mr. D.C. Mittal, Mr. Ujval Mittal, Ms. Ishma Randhawa AAG, Punjab

Judgment

Mr. Harpreet Singh Brar, J.

The present appeal has been preferred against the judgment of conviction and order of sentence dated 27.11.2014 passed by the learned Judge, Special Court, Mansa in case bearing FIR No.09 dated 06.03.2011 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) at Police Station Budhlada whereby the appellant has been convicted for commission of offence under Section 22 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of 3 years with a fine of Rs.5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 3 months.

FACTUAL BACKGROUND

2. In brief, the version put forth by prosecution is that on 06.03.2011, ASI Jaspal Singh along with other police officials was on patrolling duty in government vehicle bearing No.PB-31-C-8265 and when they were present on the bridge of drain in the area of Borawal, one Gurmail Singh s/o Mukhtiar Singh came there from Bhikhi side and joined the police party. At about, 10:15 AM, one person, who was coming on motorcycle from the side of Dhalewan with plastic bag hanging on his righ

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