Jaspal Singh vs State of Punjab - 2023 Supreme(P&H) 1924

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1924

SANJAY VASHISTH
Jaspal Singh – Appellant
Versus
State of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Ms.Komal Thakur, Adv. as Amicus Curiae
For the Respondent: Mr.Gurlal Singh Dhillon, AAG, Punjab

JUDGMENT :

Sanjay Vashisth, J.

Appellant has filed the instant appeal against the judgment of conviction and order of sentence dated 07.03.2002, passed by the Ld. Judge, Special Court (ND&PS), Patiala, in Sessions Case No.149T/2000/28.08.2000, arising out of FIR No.294, dated 02.06.2000, under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short ‘NDPS Act'), registered at P.S. Civil Lines, Patiala.

2. Appellant was found in possession of 300 grams of opium without any valid permit or licence, and was thus, sentenced for a period of one year RI, and to pay a fine of Rs.2500/-, and in default of payment of fine to further undergo RI for one month.

3. Learned State counsel points out that as per custody certificate, appellant has undergone actual custody period of 01 year, 04 months and 26 days, which is more than the sentence awarded by the Ld. Trial Court.

4. Story of the prosecution emerging from FIR is that on 02.06.2000, Inspector Piara Singh along with other police officials, in connection with the patrolling in Govt. Gypsy bearing registration No.PB-06-3110, driven by C.Nirmal Singh, No.91, were going from Sular Chowk to Kheri Gujran. Meanwhile, Baldev S

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