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2006 Supreme(Online)(P&H) 46

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUKHWINDER KUMAR – Appellant
Versus
STATE OF PUNJAB – Respondent


IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

347 CRA-S-423-SB-2006 (O&M)

Date of Decision: 06.03.2025 SUKHWINDER KUMAR ...Appellant Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Deepak Aggarwal, Advocate for Mr. Sandeep Majithia, Advocate for the appellant.

Mr. Rishabh Singla, AAG, Punjab.

***

Harpreet Singh Brar, J. (Oral)

1. Present appeal has been preferred by the appellant against the judgment of conviction and order of sentence dated 15.02.2006/16.02.2006 passed by learned Judge, Special Court, Jalandhar vide which the appellant has been convicted under Section 18 of NDPS Act and sentenced as mentioned below:

Offence under Section Sentence Fine Sentence in default of payment of fine
18 of NDPS Act Rigorous imprisonment for nine months Rs. 2,000/- Rigorous imprisonment for one month

2. Learned counsel for the appellant inter alia contends that no independent witness was examined and the appellant was apprehended in a busy and crowded place. There is a delay of 10 days in sending the representative sample to CFSL Laboratory. The alleged recovery was made on 14.04.2002 and sample was sent on 24.04.200

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