Leave granted.

2. Heard Mr. Sharanagouda Patil, the learned Amicus Curiae representing the appellant. Also heard Mr. Ambuj Tiwari, the learned counsel appearing for the State of Punjab.

3. While Mr. Patil would focus on the deficiency in the Prosecution case, it must be remembered that in view of the judgment in Mohan Lal vs. State of Punjab reported in (2018) 17 SCC 627, as explained in Varinder Kumar vs. State of Himachal Pradesh reported in (2020) 3 SCC 321, the recovery of contraband having been made before the judgment in Mohan Lal (supra), a case of this kind will have to be governed by the individual facts. The High Court in the impugned judgment has noted all the relevant facts and observed that the accused had ample opportunity to cross-examine the Investigating Officer and more particularly no prejudice is caused to the accused on this count. It was also noticed that the Prosecution had proved the case beyond reasonable doubt. This is a case where huge quantity of contraband (poppy husk) was recovered and the material evidence on record fully supported the case of the Digitally signed by Deepak Singh Date: 2024.03.02 12:41:35 IST Reason:

Signature Not Verified Prosecution.

4. In view of the above incriminatory circumstances, the appeal is found devoid of merit. The same is dismissed upholding the judgment of conviction rendered against the appellant. Pending application(s), if any, stand closed.

5. We record our appreciation for Mr. Sharanagouda Patil, learned Amicus Curiae for rendering assistance in adjudication of this case.

........................ J. [HRISHIKESH ROY ]

........................ J. [ PRASHANT KUMAR MISHRA ]

NEW DELHI;

FEBRUARY 23, 2024.

ITEM NO.69 COURT NO.6 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).5389/2023 (Arising out of impugned judgment and order dated 17-07-2019 in CRAD No.426-DB/2016 passed by the High Court Of Punjab & Haryana At Chandigarh) SANJEEV KUMAR @ RANA Petitioner(s) VERSUS THE STATE OF PUNJAB Respondent(s) (MR. SHARANAGOUDA PATIL AND MS. SUPREETA SHARANAGOUDA PATIL,ADVOCATE (AMICUS CURIAE) ) Date : 23-02-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Zubair Ahmed, Adv. Mr. Javed Ahmed, Adv. Mr. Vijay Kumar, AOR For Respondent(s) Ms. Nupur Kumar, AOR Mr. Ambuj Tiwari, Adv. Ms. Niharika Tanwar, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.

The criminal appeal is dismissed in terms of the signed order.

Pending application(s), if any, stand closed.

(DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the File)