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AMAN CHAUDHARY
Dheera Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. details of the arrest and prosecution case. (Para 2 , 3 , 4) |
| 2. court's reasoning on the conviction. (Para 5 , 10) |
| 3. arguments for sentence reduction. (Para 7 , 8) |
| 4. consideration of mitigating circumstances. (Para 11 , 12) |
| 5. final ruling on appeal. (Para 13 , 14) |
JUDGMENT
Aman Chaudhary, J.
The present appeal has been preferred against the judgment and order dated 03.02.2016 passed by learned Special Court, Amritsar, whereby the appellant had been convicted and sentenced to undergo rigorous impris-onment for 5 years and to pay a fine of Rs.30,000/- and in default of payment of fine, to further undergo RI for six months, for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act').
2. Succinctly, the facts of the case are that on 02.04.2014, while ASI Harjit Singh and other police officials on patrolling duty were present in the area of Kathu Nangal Mann village, they on reaching near bridge Nakhash, saw a person coming towards them, carrying one polythene bag in his right hand. On seeing the police party, he threw the bag and tried to turn back towards the village but on suspicion of carrying some narcoti
The court affirmed the conviction under the NDPS Act but modified the sentence to reflect time already served, emphasizing the need for proportionality in sentencing.
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