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2012 Supreme(SC) 771

P.SATHASIVAM, RANJAN GOGOI
SUMIT TOMAR – Appellant
Versus
STATE OF PUNJAB – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points with corresponding references:

  • Case Details: The case is Sumit Tomar vs. State of Punjab, decided by the Supreme Court of India on 19-10-2012, involving Criminal Appeal Nos. 1690-1691 of 2012 arising from S.L.P. (Crl.) Nos. 9415-9416 of 2011. (!)
  • Legal Act and Sections: The judgment pertains to the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically referencing Sections 8, 15(a), 15(b), 15(c), 60, and 61. [judgement_act_referred]
  • Independent Witness Requirement: It is desirable for the prosecution to examine at least one independent witness; however, if official witness evidence is reliable and there is no animosity between the accused and these witnesses, conviction can be sustained even without an independent witness. (!) (!) (!) (!) [1000520800007][1000520800008]
  • Mixing of Contraband: Mixing the contents of two bags containing poppy husk powder before drawing samples does not cause prejudice to the accused, provided the total quantity remains above the commercial quantity threshold. (!) (!) [1000520800009]
  • Facts of the Case: The appellant was caught driving a car containing two plastic bags of 'bhooki' opium powder (poppy straw) at Basantpur Bus Stand, Patiala; the total seized quantity was 69.50 kgs (commercial quantity), and the driver's companion died during the investigation. [1000520800002][1000520800012]
  • Conviction and Sentence: The appellant was convicted under Section 15 of the NDPS Act and sentenced to 10 years of rigorous imprisonment along with a fine of Rs. One lakh, as the quantity involved exceeded the commercial limit. [1000520800012][1000520800007][1000520800009][1000520800010]
  • Outcome: The Supreme Court found no infirmity in the conviction and sentence, dismissed the appeals, and held that the procedure adopted by the prosecution was not improper. (!) [1000520800008][1000520800009][1000520800011]

JUDGMENT

P. Sathasivam, J.-Leave granted.

2. These appeals are directed against the judgment and order dated 31.01.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 2079 SB of 2009 whereby the High Court dismissed the criminal appeal filed by the appellant herein and also of the order dated 17.05.2011 passed by the High Court in Crl.M. No. 26283 of 2011 regarding correction of the date in the judgment.

3. Brief facts:

(i) According to the prosecution, on 27.06.2004, at about 5.00 p.m., a special barricading was set up by the police party at Basantpur Bus Stand, Patiala. At that time, the police party signaled to stop a silver colour Indica Car bearing No. DL-7CC-0654 which was coming from the side of Rajpura. The driver of the said car (appellant herein), accompanied with one Vikas Kumar (since deceased), who was sitting next to him, instead of stopping the car tried to run away, but the police party immediately blocked the way and managed to stop the car. On suspicion, the police checked the car and found two plastic bags containing ‘bhooki’ opium powder from the dickey of the said vehicle. The contents of both the bags were mixed and two sam















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