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N. S. SHEKHAWAT
Jagtar Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. conviction under ndps act with specific facts. (Para 1 , 2 , 3) |
| 2. prosecution evidence and defense claims. (Para 4 , 5 , 6) |
| 3. argument against compliance with ndps provisions. (Para 9 , 10) |
| 4. non-compliance of section 42 ndps. (Para 11 , 18) |
| 5. section 52-a and section 57 violations. (Para 19 , 20 , 21) |
| 6. judgment analysis leading to reversal. (Para 22 , 23 , 24) |
| 7. final conclusion and order of acquittal. (Para 25 , 26 , 27 , 28 , 29) |
Judgment
Mr. N.S. Shekhawat, J.
The present appeal is directed against the judgment of conviction 23.07.2003 and order of sentence dated 24.07.2003 passed by the learned Judge, Special Court, Kaithal, whereby, the present appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as ‘the NDPS Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- alongwith default stipulation.
2. The brief facts of the present case are that on 18.07.1999, ASI Om Parkash, In-charge, Police Post, Ramthali was present on a road, which leads from Guhla to Kharka alongwith other police officials and a secret information was received that gun
Strict compliance with mandatory provisions of the NDPS Act, such as Section 42, is essential to protect suspects against false implication and ensure fair investigation and trial.
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 ....
The recovery of contraband from a public place does not require compliance with Section 42 of the NDPS Act, and the presumption of conscious possession under Section 54 places the burden of proof on ....
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