HARPREET SINGH BRAR
Atma Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. factual basis of prosecution's case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding legal rights and evidence (Para 8 , 9 , 10) |
| 3. analysis of procedural compliance under ndps act (Para 12 , 14 , 15 , 17 , 19) |
| 4. conclusion and judgment overturning conviction (Para 20 , 21 , 22) |
Judgment
Mr. Harpreet Singh Brar, J.
The present appeal has been preferred against the judgment of conviction and order of sentence dated 27.11.2014 passed by the learned Judge, Special Court, Mansa in case bearing FIR No.09 dated 06.03.2011 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) at Police Station Budhlada whereby the appellant has been convicted for commission of offence under Section 22 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of 3 years with a fine of Rs.5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 3 months.
FACTUAL BACKGROUND
2. In brief, the version put forth by prosecution is that on 06.03.2011, ASI Jaspal Singh along with other police officials was on patrolling duty in government vehicle bearing No.P
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
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