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2025 Supreme(Online)(P&H) 28659

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


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

382 CRA-S-2072-SB-2006 (O&M)

Date of decision: 19.05.2025 Tara Singh ....Appellant Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Shivam Kapila, Advocate (Amicus Curiae for the appellant.

Mr. Rishabh Singla, AAG, Punjab.

HARPREET SINGH BRAR J. (Oral)

1. The prayer in the present appeal is to set-aside the judgment of conviction dated 05.10.2006 and order of sentence dated 09.10.2006 passed by learned Special Judge, Moga whereby the appellant was convicted and sentenced for the offence punishable under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter ‘the NDPS Act’), in the case stemming from FIR No.43 dated 16.04.2003 registered under Section 15 of the NDPS Act at Police Station Kot Ise Khan, District Moga.

2. The appellant was found in possession 28.50 Kgs of Poppy Straw, for which he was convicted and sentenced as follows:

Offence Sentence
Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 Rigorous imprisonment for a period of 04 years and to pay fine of Rs.5,000/- and in default of payment of fine, to furth

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