N. S. SHEKHAWAT
Raj Pal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. conviction under ndps act and background of case. (Para 1 , 2 , 3) |
| 2. witness examination and defense claims. (Para 4 , 5) |
| 3. arguments on compliance with ndps act. (Para 6 , 7 , 8) |
| 4. evidence credibility and witness testimonies. (Para 9 , 10) |
| 5. sufficient evidence of guilt established. (Para 11) |
| 6. modification of sentence based on personal circumstances. (Para 12 , 13) |
| 7. conclusion and court orders. (Para 14 , 15 , 16 , 17) |
JUDGMENT
N.S. Shekhawat, J.
Challenging the correctness and legality of the impugned judgment of conviction dated 14.12.2004 and order of conviction dated 16.12.2004 passed by the Judge, Special Court, Panchkula, whereby, the present appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/-, along-with the default stipulation, the appellant has preferred the present appeal before this Court.
2. In short, the prosecution story is that on 28.03.2003, a police party headed by Mohinder Singh, SI/SHO was on patrolling duty near the turning of Phase I, Panchkula near Zirakp
Mandatory compliance with Section 50 of the NDPS Act is essential for lawful searches; failure to do so renders convictions unsustainable.
Mandatory compliance with Section 50 of NDPS Act is imperative in cases of search of the body of the accused, and failure to comply renders the recovery of contraband suspect and the conviction unsus....
Offering third option of police search under Section 50 NDPS Act, alongside Magistrate or Gazetted Officer, vitiates recovery from clothing; combined with procedural doubts and contradictions, mandat....
Stringent punishment has been provided for offences punishable under NDPS Act.
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
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