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SURESHWAR THAKUR, SUDEEPTI SHARMA
Jaswant Singh alias Babla – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. The instant appeal is directed against the impugned verdict, as made on 11.8.2004, upon case bearing NDPS File No. 94 of 25.6.2002, by the learned Judge, Special Court, Bathinda, where-through in respect of a charge drawn against the accused qua an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”), the learned trial Judge concerned, proceeded to record a finding of conviction against the accused-appellant.
2. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the convict to undergo rigorous imprisonment for a period of twelve years for the commission of an offence punishable under Section 15 of the Act, besides also imposed, upon the convict sentence of fine, comprised in a sum of Rs. 1,50,000/-, and, in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment for a period of nine months.
3. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent therewith sentences of imprisonment, and, of fine as beca
The prosecution must maintain an unbroken chain of custody for evidence; failure to do so can result in acquittal due to reasonable doubt.
The necessity of complying with statutory requirements for personal search, preservation of case property, and the production of untampered case property in court as primary evidence to prove the cha....
The prosecution must establish a clear and unbroken chain of custody and evidence handling to prove the charges beyond a reasonable doubt.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear and unbroken link between the FSL report and the seized contraband to prove the charge und....
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