Raj Pal vs State of Haryana - 2023 Supreme(P&H) 2993

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2993

N. S. SHEKHAWAT
Raj Pal – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Kapil Aggarwal, Advocate; For the Appellant
For the Respondent: Ms. Sheenu Sura, DAG, Haryana.

JUDGMENT

N.S. Shekhawat, J.

Challenging the correctness and legality of the impugned judgment of conviction dated 14.12.2004 and order of conviction dated 16.12.2004 passed by the Judge, Special Court, Panchkula, whereby, the present appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/-, along-with the default stipulation, the appellant has preferred the present appeal before this Court.

2. In short, the prosecution story is that on 28.03.2003, a police party headed by Mohinder Singh, SI/SHO was on patrolling duty near the turning of Phase I, Panchkula near Zirakpur on a government jeep, a person, namely, Rohit Sharma son of Swatantra Kumar resident of H.No. 12, Rajiv Colony, Panchkula, met them and started talking to the police party. In the meantime, another person was seen coming from the side of village Zirakpur having a plastic bag of white colour on his head. On seeing the police party, he turned back and started walking at a fast speed. Further, on finding the circumstances suspicious, he was

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