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SANJAY VASHISTH
Naresh Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sanjay Vashisth, J. - Appellant - Naresh Kumar, aged about 28 years (at the time of conviction), has filed the present appeal challenging judgment of conviction and order of sentence dated 02.12.2004, passed by learned Presiding Officer, Special Court, Kurukshetra, in Sessions Case No.33/2004 of 2002, arising from FIR No. 182, dated 16.04.2002, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Sadar Thanesar, Kurukshetra.
2. On 16.04.2002, ASI Kartar Singh along with other police officials posted in CIA Staff-II, Kurukshetra, on a patrol duty were proceeding in a Govt. Jeep No.HR-07E-1616, driven by C. Jagbir Singh towards village Samani on the GT Road. When they reached near Khalsa Dhaba on GT Road in the area of village Samani, they saw a man was trying to escape from rear door of the said Dhaba, and was briskly proceeding towards the fields behind the Dhaba with a gunny bag on his head. On suspicion, he was apprehended by the police party and notice under Section 50 of the NDPS Act (Ex.PG) was served upon him, and the accused opted to be searched before any gazatted officer. The accused along
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....
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 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....
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