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HARPREET SINGH BRAR
Hardip Singh @ Deep – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. This appeal has been preferred against the judgment of conviction and order of sentence dated 08.01.2015 passed by learned Additional Sessions Judge, Tarn Taran, in FIR No.124 dated 28.12.2012, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) whereby the appellant has been convicted and sentenced to rigorous imprisonment for a period of 10 years under Section 22 (c) of the NDPS Act with a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.
FACTUAL BACKGROUND
2. The factual matrix of the prosecution case is that on 28.12.2012, a police party headed by ASI Lakhbir Singh was patrolling the area of village Alipur, Ratta Gudda, etc and had just reached ahead of Ratta Gudda when they noticed one person coming carrying a polythene bag. On seeing the police party, he threw away the polythene bag and tried to move backwards. The police party apprehended him and after disclosing his identity, he handed over the p
The main legal point established in the judgment is the significance of compliance with statutory instructions and the need for substantial compliance with NDPS Act provisions, emphasizing the impact....
Strict compliance with procedural safeguards under the NDPS Act is essential for upholding the integrity of evidence in drug-related offenses.
The prosecution must prove its case beyond a reasonable doubt, especially under the NDPS Act, where strict compliance with procedural safeguards is essential.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
The conviction under the NDPS Act was quashed due to failure to comply with mandatory procedures for sample collection, emphasizing the importance of due process in narcotics cases.
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