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SANJAY VASHISTH
Satpal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sanjay Vashisth, J. (Oral)
Present appeal is filed by appellant - Satpal, against the judgment of his conviction and order of sentence dated 24.08.2004, passed by Ld. Judge, Special Court, Sangrur, in Sessions Case No.166, dated 16.12.2002, arising from FIR No. 284, dated 20.09.2002, under Section 15 of the Narcotic Substances and Psychotropic Substances Act, 1985 (for brevity 'NDPS Act'), Police Station Dhuri.
2. For the recovery of 10 KG of poppy-husk, appellant (hereinafter referred to as 'accused'), was sentenced to undergo RI for a period of one year, and to pay a fine of Rs.2000/-, and in default of payment of fine to further undergo RI for two months.
3. Case of the prosecution is that on 20.09.2002, ASI Inderpal Singh along-with other police officials was going to village Kakarwal, Rajomajra, Bugra etc, in connection with patrolling in private jeep. On reaching the bus stand village Rajomajra, one Balbir Singh s/o Joginder Singh, r/o Janta Nagar, Dhuri, met them and he joined the police party. When the police party entered the vicinity of village Rajomajra, on the bank of canal, from the side of Jahangir bridge a person was seen coming on foot, carrying a plastic b
The court upheld the acquittal of the respondent under the NDPS Act due to significant inconsistencies in testimonies and doubts regarding the credibility of evidence presented by the prosecution.
The judgment emphasized the importance of compliance with legal provisions, credibility of witness testimonies, and conscious possession of contraband in upholding the conviction and sentence.
Discrepancies in seals on contraband parcel, timeline contradictions, and hostile witness create reasonable doubt on case property integrity, entitling accused to acquittal under NDPS Act.
The main legal point established in the judgment is the requirement to prove the case beyond a reasonable doubt, the importance of corroborative evidence, and the need to follow statutory requirement....
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