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2020 Supreme(SC) 1

N.V.RAMANA, R.SUBHASH REDDY, B.R.GAVAI
Surinder Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant(s) :D. Mahesh Babu, Advocate
For the Respondent(s):Ms. Ranjeeta Rohatgi, Advocate

JUDGMENT

R. Subhash Reddy,J.

1. This Criminal Appeal is filed by the sole accused, aggrieved by the judgment dated 22.04.2008 passed in Criminal Appeal No.706-SB of 1999 passed by the High Court of Punjab and Haryana at Chandigarh.

2. The appellant herein was convicted for the offence punishable under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act, 1985’), vide the judgment dated 20.05.1999, passed by the Special Judge, Ferozepur, for offence under Section 18 of NDPS, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-(Rupees One Lakh) in default of payment of the same, to undergo rigorous imprisonment for another period of one year.

3. The case of the prosecution, in brief, is that on 12.09.1996, Devi Lal, HC (PW-1), Darbara Singh, S.I.(PW-2), along with other police officials were going from Dalbir Khera towards Waryam Khera, in a private jeep, on patrol duty, and when they reached near the bridge of Canal minor, the appellant-accused was seen coming from the opposite direction, carrying a bag in his right hand. On seeing the police party, the appellant-accused turned towards the

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