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2023 Supreme(P&H) 1808

HARPREET SINGH BRAR
Jagtar Singh – Appellant
Versus
State of U. T. , Chandigarh – Respondent


Advocates appeared:
For the Parties : Mr. B.B.S. Randhawa, Mrs. Simsi Dhir Malhotra Addl. Public Prosecutor for U.T. Chandigarh

Table of Content
1. factual background of the case. (Para 2 , 3 , 4 , 5 , 6 , 7)
2. arguments presented by both parties. (Para 8 , 9 , 10 , 11 , 12)
3. observations related to section 50 of the ndps act. (Para 13 , 14 , 15 , 16)
4. critique of investigative process and evidence handling. (Para 17 , 18 , 19 , 20 , 21 , 22)
5. conclusion and acquittal of the appellant. (Para 23 , 24 , 25)

Judgment

Mr. Harpreet Singh Brar, J.

The present appeal has been preferred against the judgment of conviction and order of sentence dated 29.04.2014 passed by the learned Judge, Special Court, Chandigarh in case bearing FIR No.214 dated 17.08.2012 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) registered at Police Station Industrial Area, Chandigarh whereby the appellant has been convicted for commission of offence under Section 15 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.1 lakh and in default of payment of fine to further undergo rigorous imprisonment for six months.

FACTUAL BACKGROUND

2. In brief, the version put forth by prosecution is that on 17.08.2012,

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