Gursharan Singh vs State of Haryana - 2023 Supreme(P&H) 3248

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3248

SANJAY VASHISTH
Gursharan Singh – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Satnam Singh Gill, Advocate; For the Appellant
Mr. Vikas Bhardwaj, AAG, Haryana.

JUDGMENT

Mr. Sanjay Vashisth, J.

Appellant - Gursharan Singh, then aged 29 years (as mentioned in the impugned judgment), has filed the present appeal, impugning the judgment of conviction dated 19.07.2005, and order of sentence dated 20.07.2005, passed by learned Additional Sessions Judge, Hisar, vide which appellant has been convicted for committing an offence punishable under Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), for keeping in his possession 15 Kgs. of poppy husk without any permit or licence and accordingly he has been sentenced by the Trial Court as under:-

Section	Sentence	Fine	In default
15(c) of the NDPS Act	2 years R.I.	Rs.5,000/-	1 month R.I.

2. Facts of the case, emerging from Sessions Case No. 07, dated 28.01.2004/12.05.2005, arising out of FIR No. 822, dated 28.10.2003, under Section 15 of the NDPS Act, registered at Police Station Sadar, Hisar, are that on 28.10.2003, ASI Rajender Parshad, ASI Mohinder Singh and other police officials were present at Bus Stand, Azad Nagar, Hisar, for patrolling and crime detection duty. A person with a white colour bag on his shoulder, was seen coming