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HARPREET SINGH BRAR
Gurwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present appeal has been preferred against the judgment of conviction and order of sentence dated 06.06.2014 passed by Special Court, Sahibzada Ajit Singh Nagar (Mohali) in FIR No. 48 dated 11.04.2013, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’ for short), registered at Police Station Sadar Kharar, whereby the appellants have been convicted for the commission of offence punishable under Section 15(c) of the NDPS Act and have been sentenced to undergo rigorous imprisonment for a period of 10 years each with a fine of Rs. 1,00,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each.
FACTUAL BACKGROUND
2. Brief facts of the prosecution case are that on 11.04.2013, ASI Avtar Singh (Investigating Officer) along with ASI Harminder Singh and other police officials were patrolling the area of Nayashehr. At about 10.00 p.m. he received a secret information that appellants/accused were bringing poppy husk from Rajasthan on a truck bearing No. PB-11-AL-8425 to be supplied in different parts of State of Punjab and they
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....
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.
The prosecution must prove guilt beyond reasonable doubt, and failure to adhere to mandatory procedures under the NDPS Act undermines the case.
Strict compliance with the statutory provisions of the NDPS Act, particularly in cases involving the seizure and disposal of contraband, is crucial to establish the integrity of the evidence and the ....
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
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