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RITU TAGORE
Parveen Kumar – Appellant
Versus
State of Punjab – Respondent
Judgment
Mrs. Ritu Tagore, J.
This appeal is directed against judgment of conviction and order of sentence dated 04.03.2016/10.03.2016 passed by Judge, Special Court, Pathankot, convicting the appellant-accused under Section 22 (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) and sentencing him to undergo rigorous imprisonment for a period of ten (10) years and to pay fine Rs.1,00,000/-, in default of payment of fine, to further undergo rigorous imprisonment for one year.
2. Facts of prosecution are that on 01.01.2015, police party headed by Surjit Raj, ASI (PW-5), apprehended accused-appellant, in the area of Gowshalla Turning Point, Pathankot, suspecting his conduct, as on seeing police party, he took out one plastic packet (lifafa) from pocket of his pant and threw it on the ground.
3. On checking the polythene packet (lifafa), some intoxicant powder was recovered. Two samples each weighing 10 grams were separated and converted into two parcels. Remaining contraband was weighed and found to be 100 grams, which was put into the third parcel. All the parcels were sealed by ASI Surjit Raj with his seal bearing impression ‘SR’. S
Strict compliance with procedural safeguards under the NDPS Act is essential for upholding the integrity of evidence in drug-related offenses.
The prosecution must prove its case beyond a reasonable doubt, especially under the NDPS Act, where strict compliance with procedural safeguards is essential.
The prosecution must prove guilt beyond reasonable doubt, and failure to adhere to mandatory procedures under the NDPS Act undermines the case.
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 ....
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