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SANJAY VASHISTH
Lakhwinder Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sanjay Vashisth, J. - Appellant - Lakhwinder Kumar, aged 25 years (at the time of conviction), has filed the present appeal challenging judgment of conviction and order of sentence dated 23.02.2005, passed by Judge Special Court, Patiala, in Sessions Case No.91-T of 27.9.2004/9.8.2003, arising from FIR No. 33, dated 12.04.2003, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Julkan.
2. On 12.04.2003, ASI Ranbir Singh along with ASI Varinder Singh and other police officials of Police Station Julkan, on a patrol duty were proceeding in a Gypsy bearing No.PB-08F-2271, driven by H.C. Balbir Singh. When they reached Devigarh-Binjal road on the bridge of Tangri river in the revenue limits of village Ojha, at about 4.30 P.M., P-W Lakhwinder Singh alias Happy came in zen car and after stopping the car, he was holding talk with ASI Ranbir Singh, when they saw accused coming from the side of village Ratta Khera on the bank of Tangri river and was holding white colour polythene bag in his right hand. On suspicion, he was apprehended by the police party and notice under Section 18(c) of the NDPS Act was s
The main legal point established in the judgment is the application of reformatory theory and rehabilitation principles in sentencing under the NDPS Act, considering the appellant's reformation and l....
The main legal point established in the judgment is the application of the reformatory theory and the consideration of the appellant's reformation and rehabilitation in society to determine the appro....
The court considered reformatory theory and lack of criminal antecedents in reducing the substantive sentence of imprisonment.
The reformatory theory and the rehabilitation of the appellant in society were central to the court's decision in reducing the substantive sentence of imprisonment.
The central legal point established in the judgment is the importance of considering reformation and rehabilitation of the accused, and the need for a balanced approach between punitive attitudes and....
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