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HARINDER SINGH SIDHU, LALIT BATRA
Manjit Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. judgment and conviction details (Para 2 , 3 , 4) |
| 2. arguments on sentencing and relevant factors (Para 6 , 7 , 8 , 9) |
| 3. court's views on conviction and modification of sentence (Para 10 , 11 , 12) |
| 4. concluding order and release details (Para 13 , 14) |
JUDGMENT
Lalit Batra, J.
Both the above said appeals are being heard and decided by the common judgment being arisen out of the same judgment.
2. Present appeals are directed against the judgment of conviction and order of sentence both dated 04.11.2011, passed by Judge, Special Court, Patiala, whereby appellants namely Manjit Singh and Raju were convicted and sentenced as under:-
| Offence under Section | Sentence awarded | Fine | Sentence in default of payment of fine |
| 20 of NDPS Act | Rigorous Imprisonment for fourteen years each | Rs.1,50,000/- each | Rigorous Imprisonment for one year and six months each. |
3. After completion of investigation proceedings, challan was presented in the Court for trial.
4. During trial, learned Trial Court completed various proceedings of trial including framing of charge against the accused, recording of evidence of the witnesses and statements of accused as envisaged under Se
The main legal point established in the judgment is the application of the principles of proportionality in sentencing under Section 20 of the NDPS Act, considering the nature of the offense, the con....
(1) Once accused is found to be in illegal possession of narcotic substance/drugs, if in circumstances so warranted, can be awarded sentence higher than minimum prescribed/provided under NDPS Act.(2)....
though an amount of payment of fine of rupees one lakh which is minimum as specified in Section 18 of the Act cannot be reduced in view of the legislative mandate, ends of justice would be met if we ....
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.
Sentence can be reduced where there is no criminal record/antecedents of accused.
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