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2025 Supreme(P&H) 1130

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Mana Ram – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Angrej Singh Sarwara, Advocate
For the Respondent: Mr. Harkesh Kumar, AAG Haryana

JUDGMENT :

Harpreet Singh Brar, J.

Present appeal has been preferred by the appellant against the judgment of conviction and order on quantum of sentence dated 26.08.2008/28.08.2008 passed by learned Additional Sessions Judge, Hisar vide which the appellant has been convicted and sentenced as mentioned below:

Offence under Section

Sentence

Fine

Sentence in default of payment of fine

18 of NDPS Act

Rigorous imprisonment for two years

Rs. 5,000/-

Rigorous imprisonment for 03 months

2. Brief facts of the case are that on 01.01.2006, ASI Sushil Chander along with other police officials were present near bus stand of Uklana Mandi in connection with patrolling duty, when a person was seen coming from the side of Surewala Chowk, who on seeing the police party suddenly turned back and started walking swiftly. On suspicion, the said person was apprehended and his name and address was verified, who disclosed his name as Mana Ram (appellant herein). Search of the appellant-accused was conducted. Thereafter, on search of left pocket of the appellant, a polythene of black colour containing opium milk was recovered. Out of the said opium, two samples each of 20 grams were separated and remaining on weighme

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