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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Jagdeep Singh Parmar – Appellant
Versus
Intelligence Officer, Directorate Of Revenue Intelligence – Respondent
JUDGMENT :
Sureshwar Thakur, J.
The appeal (supra) is directed against the impugned verdict, as made on 03.06.2013, upon Session Case No.65 of 2011, by the learned Special Court, Amritsar, wherethrough in respect of charges drawn against the accused for offences punishable under Sections 21, 23 and 29 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. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, imposed upon, the convict both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner:
Offence under section | Sentence awarded | Amount of fine imposed | Sentence in default of payment of fine |
21 of NDPS Act | R.I. for a period of Twenty years | Rs. 2,00,000/- | R.I for a period of two years. |
23 of NDPS Act | R.I. for a period of Twenty years | Rs. 2,00,000/- | R.I for a period of two years. |
29 of NDPS Act | R.I. for a period of Twenty years | Rs. 2,00,000/- | R.I for a period of two years. |
2. The period of detention undergone by the convict, during the investigation, and, trial of
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....
The prosecution must establish a convincing link in the chain of incriminatory evidence to prove the charge against the accused.
Only representative samples of narcotic drugs need to be sent for testing, provided the entire bulk is homogeneously mixed, ensuring adherence to proper sampling procedures.
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