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HARPREET SINGH BRAR
Baldev Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Present appeal has been preferred against the judgment of conviction dated 14.01.2025 and the order of sentence of even date passed by learned Judge, Special Court, Barnala, vide which the appellant was convicted under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) in FIR No.63 dated 03.05.2018 under Sections 22 & 29 of NDPS Act, registered at Police Station Barnala and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.15,000/- along with default mechanism.
2. Brief facts of the case are that FIR (supra) was registered at the instance of ASI Jasvir Singh on the allegations that on 03.05.2018, he along with other police officials, was on patrolling and checking of suspicious persons and was moving from Village Bakhatgarh towards Village Malian. At about 04.00 p.m., when they reached near Government High School, Village Bakhatgarh, a person was seen coming on foot on a kacha path (dirt path) from the side of Village Malian and on seeing the police party, he got unnerved and tried to turn towards the school. At this, the police party nabbed the person on the basis
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.
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....
Conviction under NDPS Act altered from Section 22(b) to 22(a) as the quantity of Pentazocine recovered was below the defined small quantity, warranting lesser sentences.
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