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SANJAY VASHISTH
Raj Pal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sanjay Vashisth, J.
Appellant - Raj Pal, aged about 25 years (at the time of conviction), has filed the present appeal challenging judgment of conviction and order of sentence dated 03.12.2004, passed by learned Additional Sessions Judge, Jagadhri, in Sessions Case No. 7, dated 20.02.2004, arising from FIR No. 22, dated 03.02.2004, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Farakpur, District Yamunanagar.
2. As per prosecution version, on 03.02.2004, upon receipt of secret information a police naka was laid at the bus stand of village Bhukari, and at about 6.00p.m. appellant - Raj Pal was seen coming with a plastic bag on his head from the side of village Kharwan. He was apprehended by the police party with suspicion that he was carrying some contraband in his possession. Upon service of notice under Section 50 of the NDPS Act, with regard to option of search by a Magistrate or Gazetted Officer, appellant opted to be searched by a Gazetted Officer. Meanwhile, DSP Bijender Singh reached at the spot and in his presence, search of the bag possessed by the appellant was carried out by Sub
The reformatory theory and the rehabilitation of the appellant in society were central to the court's decision in reducing the substantive sentence of imprisonment.
The central legal point established in the judgment is the importance of considering reformation and rehabilitation of the accused, and the need for a balanced approach between punitive attitudes and....
The main legal point established in the judgment is the application of reformatory theory and rehabilitation principles in sentencing under the NDPS Act, considering the appellant's reformation and l....
The main legal point established in the judgment is the discretion of the court in awarding the minimum sentence guided by the principles of proportionality and the importance of compliance with mand....
in operating the sentencing system, law should adopt corrective machinery or deterrence based on factual matrix. Facts and given circumstances in each case, nature of crime, manner in which it was pl....
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