Daler Singh vs State of Punjab - 2023 Supreme(P&H) 2991

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2991

N. S. SHEKHAWAT
Daler Singh – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Ms. Sushma Chopra, Advocate; For the Appellant
Mr. Vipin Pal Yadav, Addl. A.G., Punjab.

JUDGMENT

N.S. Shekhawat, J.

Challenging the judgment of conviction dated 03.04.2004 and order of sentence of even date passed by the learned Judge, Special Court, Patiala, whereby the appellant has been convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/- and in default thereof, to further undergo rigorous imprisonment for two months, the appellant has approached this Court by way of filing the present criminal appeal.

2. The prosecution story, as it emerges from the report under Section 173 Cr.P.C., is that on 09.08.2000, a police party headed by SHO Balwinder Singh, Police Station Ghagga, was holding a Nakka on one side, whereas another police party headed by ASI Karan Singh had set up a Nakka on the other side of the bridge. In the meantime, Mohinder Singh, independent witness, came at the spot and started talking to the police party. While they were talking, accused/appellant Daler Singh and another person Dial Singh were seen coming on two separate mares and tried to cross the wooden brid

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