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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Nok Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Kirti Singh, J.
By way of the present appeal, challenge has been made to the judgment of conviction dated 15.02.2006 and order of sentence dated 17.02.2006 passed by the court of learned Special Judge, Sonepat, whereby appellant has been convicted under Section 20 of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 02 years and to pay fine of Rs.2,000/- and in default to further undergo rigorous imprisonment for a period of three months.
Factual Matrix
2. The facts in brief of the case of prosecution are that on 04.04.2005 police party headed by Sub-Inspector Sultan Singh boarded the Jhelum Train No.1078 DN from Railway Station Ganaur for general checking and when they entered the compartment and were crossing the passengers then one person after seeing the police party tried to escape. On suspicion he was apprehended and on interrogation he disclosed his identity. In the meanwhile PW Randhir also joined them in whose presence Sub Inspector Sultan served a notice under Section 50 of the NDPS Act to the appellant. He was then asked whether he was to be searched in the presence of any Gazetted Officer or Magistrate as there was doubt that he mi
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....
NDPS Act Section 18 provides penalty for certain offences in relation to opium poppy and opium.
The main legal point established in the judgment is the reliance on evidence, witness testimonies, and forensic reports to establish guilt, as well as the consideration of personal circumstances in m....
The main legal point established in the judgment is the court's discretion to modify the default imprisonment period based on the appellant's circumstances, despite upholding the conviction under the....
The court upheld the conviction under the NDPS Act and modified the sentence based on the appellant's personal circumstances.
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