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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Darshan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. The instant appeal is directed against the impugned verdict, as made on 09.08.2004, upon NDPSA File No. 252 of 11.12.2000, by the learned Judge Special Court, Bathinda, wherethrough 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. 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:
"xxx
Hence convict Darshan Singh is sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,00,000/- (Rupees one lac) and in default of payment of fine to undergo rigorous imprisonment for six months."
2. The period of detention undergone by the convict, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off, from the above imposed sentence(s) of imprisonment.
3
The prosecution must maintain an unbroken chain of custody for evidence; failure to do so can result in acquittal due to reasonable doubt.
The prosecution must establish an unbroken chain of evidence in drug-related cases; failure to do so results in reasonable doubt and acquittal.
The prosecution must establish a convincing link in the chain of incriminatory evidence to prove the charge against the accused.
The prosecution must establish a clear and unbroken chain of custody and evidence handling to prove the charges beyond a 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 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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