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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, DEEPAK MANCHANDA
Dalel Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
The instant appeal is directed against the verdict made on 15.02.2021, upon Sessions Case No.CIS (NDPS) Case No.8 of 2019, by the learned Special Judge (under Narcotic Drugs and Psychotropic Substances Act, 1985), Jind, wherethrough he convicted the accused for a charge drawn qua an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). Moreover, through a sentencing order of 16.02.2021, he proceeded to impose upon the convict sentence of rigorous imprisonment extending upto a period of 20 years, besides imposed upon him, sentence of fine of Rs.2,00,000/- (Rs. 2 lacs), besides in default of payment of fine amount, he sentenced the convict to undergo simple imprisonment extending upto a period of two years.2. The accused-convict became aggrieved from the above drawn verdict of conviction, and, also the consequent therewith sentence(s) (supra), as became imposed. Resultantly, he instituted thereagainst the instant appeal.
FACTUAL BACKGROUND
3. The genesis of the prosecution case are that, on 1.4.2017, SI Nafe Singh along with ASI Atma Ram, EASI Kamal Singh, EASI Ram Singh, HC
The prosecution must maintain an unbroken chain of custody for evidence; failure to do so can result in acquittal due to 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 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 court emphasized the necessity of obtaining a search warrant under the Narcotic Drugs and Psychotropic Substances Act, reinforcing the importance of statutory compliance in criminal proceedings.
The prosecution must establish a clear and unbroken chain of custody and evidence handling to prove the charges beyond a reasonable doubt.
Unless and until prosecution proves its case beyond reasonable doubt appellant could not have been convicted.
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