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KARAMJIT SINGH
Amarjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Karamjit Singh, J.: (Oral) - The above-mentioned two appeals have been directed against the judgment of conviction and order of sentence dated 20.07.2018 passed by Judge, Special Court, Patiala in case having FIR No.38 dated 09.05.2015 under Section 21/29 of NDPS Act, Police Station Lahori Gate, Patiala vide which the appellants were convicted and sentenced to RI for a period of 6 months each with fine of Rs.5,000/- each and in default of payment of fine to further undergo RI for 1 month under Section 21(b) of NDPS Act while third accused Avtar Singh @ Tari was acquitted of all the charges.
2. The brief facts of case of the prosecution are that on 09.05.2015 ASI Gurmeet Singh who was heading a police party received secret information that Amarjit Singh (appellant in CRA-S-3025-SB-2018), after procuring smack from Vikas Kumar (appellant in CRA-S-2974-SB-2018), used to supply the said contraband to one Avtar Singh @ Tari who at that time was lodged in Central Jail Patiala. Further, on that day Amarjit Singh had gone to Dhiru Ki Majri to bring smack from Vikas Kumar. On the basis of the said secret information, police party headed by SI Gurmeet Singh laid naka near Sheran
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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....
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