HARPREET SINGH BRAR
Jagtar Singh – Appellant
Versus
State of U. T. , Chandigarh – Respondent
| 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,
Gorakh Nath Prasad vs. State of Bihar
Krishan Chand vs. State of H.P. AIR 2017 SC 3751
Malkiat Singh alias Kala Vs. State of Punjab 2009 1 RCR(Cri) 353
S.K. Raju alias Abdul Haque alias Jagga Vs. State of W.B. (2018) 9 SCC 708
State of Kerala & Ors. v. Kurian Abraham (P) Ltd. & Anr. (2008) 3 SCC 582
State of Rajasthan Vs. Gurmail Singh 2005 2 RCR(Cri) 58
State of Rajasthan Vs. Parmanand and another (2014) 5 SCC 345
Union of India v. Azadi Bachao Andolan
Union of India Vs. Bal Mukund and others 2009 2 RCR(Cri) 574
The main legal point established in the judgment is the significance of compliance with statutory instructions and the need for substantial compliance with NDPS Act provisions, emphasizing the impact....
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 conviction was quashed due to failure to comply with mandatory procedures for evidence collection under the NDPS Act, emphasizing the importance of a fair trial.
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.