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HARPREET SINGH BRAR
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present appeal is directed against the judgment of conviction dated 13.10.2016 passed by the learned Judge, Special Court, Amritsar in case bearing FIR No.67 dated 03.06.2014 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) registered at Police Station Mehta, District Amritsar whereby the appellant has been convicted for commission of offence under Section 22 of the NDPS Act and vide order of sentence dated 21.10.2016 he has been sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.1 lakh and in default of payment of fine to further undergo rigorous imprisonment for one year.
FACTUAL BACKGROUND
2. In brief, the version put forth by prosecution is that on 03.06.2014, while being on patrolling duty, ASI Sawinder Singh (Investigating Officer) along with other police officials was present at Dhardeo Wadala Link Road, where police party noticed that one person, who was coming on foot from western side, got perplexed after looking at the police party and started walking briskly in opposite direction. He threw a polythene bag on the ground
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.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
The court affirmed that possession of contraband substances establishes statutory presumptions requiring defendants to prove lack of conscious possession under the Narcotic Drugs and Psychotropic Sub....
The prosecution must prove its case beyond a reasonable doubt, especially under the NDPS Act, where strict compliance with procedural safeguards is essential.
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