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2023 Supreme(P&H) 1562

RITU TAGORE
Kashmir Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Narender Kumar Vashisht, Mr. Sandeep Vermani AAG, Punjab

Judgment

Mrs. Ritu Tagore, J.:- Challenge in this appeal is to the judgment of conviction and order of sentence dated 23.10.2013 passed by Judge Special Court, Mansa, in a Sessions case bearing No.126 of 2011, emanating from FIR No.55 dated26.12.2010, whereby appellant Kashmir Singh, has been convicted for commission of offence punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in brevity as ‘the Act’) for keeping in his conscious possession 1kg and 10 grams intoxicant powder ‘Alprazolam’, without any permit or licence. He has been sentenced to undergo rigorous imprisonment for ten (10) years and to pay a fine of Rs. One lakh (Rs.1,00,000/-), in default whereof, to further undergo rigorous imprisonment for one year.

Prosecution case

2. The brief facts of prosecution case are as follows:

On 26.12.2010, Gurcharan Singh SI (PW-4) along with other police officials was traveling in an official vehicle, bearingNo.PB-31C-9345 driven by Pal Singh HC for patrolling duty from village Dullowal via link road to village Uddat Bhagat Ram. While the police party was one kilometer ahead of village Dullowal, they observed a person sitting on the right side of the road

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