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2023 Supreme(P&H) 1422

HARKESH MANUJA
Sony – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties :Mr. Pearl Narang Amicus Curiae (Sr. Advocate), Mr. Amit Shukla

Table of Content
1. search and seizure process under ndps act. (Para 2 , 3)
2. arguments regarding compliance of section 50. (Para 5 , 6)
3. court's observations on evidence reliability. (Para 7 , 8 , 9 , 10)
4. need for independent witnesses. (Para 11 , 12)
5. appellant acquitted due to prosecution failure. (Para 13 , 14)

Judgment

Mr. Harkesh Manuja, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 16/19.12.2016 passed by Judge, Special Court, Patiala vide which the appellant has been sentenced for 2 years R. I. with fine of Rs. 20,000/- and 2 months S.I. in default of payment of fine under section 22 of NDPS Act.

2. The allegations in brief as stated in the FIR are that on 17.12.2013, when ASI Janak Raj alongwith other police officials was present at Theri, near State Bank of Patiala, in connection with patrolling duty and checking of suspected persons, he received a secret information to the effect that two persons, namely, Suraj son of Paramjit Singh and Sony son of Pritam Singh who were in the habit of selling intoxicant tablets and capsules were coming from Ambala side towards Village Theri and if they were apprehended, a large quant

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