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2009 Supreme(Online)(P&H) 37

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURMAIL SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent


202 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 12.03.2025 GURMAIL SINGH @ MELA ...APPELLANT Versus STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. P.S. Dhaliwal, Advocate for the appellant.

Mr. Sandeep Kumar, DAG Punjab ***

Harpreet Singh Brar, J. (Oral)

1. Present appeal has been preferred by the appellant against the judgment of conviction and order on quantum of sentence dated 09.03.2009 passed by learned Judge, Special Court, Sri Muktsar Sahib vide which the appellant has been convicted and sentenced as mentioned below:

Offence under Section Sentence Fine Sentence in default of payment of fine
15 of NDPS Act Rigorous imprisonment for four months Rs. 500/- Rigorous imprisonment for 15 days

2. Brief facts of the case are that on 16.04.2007, a police party headed by ASI Ram Kumar with other police officials were on patrolling duty and proceeding from village Sahejra to G.T. Road, Barnala-Ludhiana along the bank of the drain. At about 4.30 PM, when the police party reached about 1/2 kilometer short of the bridge over the drain, then they saw the accused-petitioner coming on foot and he was carrying

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