Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Avtar Singh @ Jagtar Singh @ Jagga – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
Challenge is to the judgment of conviction and order of sentence dated 31st of August, 2023 passed by Judge, Special Court, SAS Nagar, Mohali whereby the appellant stands convicted for offence punishable under Section 21(b) read with Section 31 of the NDPS Act and has been sentenced to undergo R.I. for a period of 1 year and to pay a fine of Rs.10,000/- in case FIR No.18 dated 23rd of March, 2019 registered at Police Station STF, SAS Nagar, Mohali.2. As per the case of the prosecution on 23rd of March, 2019 a secret information was received against the appellant indulging in sale of heroin. On the basis of information, concerned police official ASI Faqir Singh sent ruqa to police station for registration of FIR and for sending some other IO along with police party on the spot. Police party headed by ASI Bhajan Singh rushed to the spot. Barricading was effected. The appellant was seen coming from Kharar side riding motorcycle bearing No.PB-65-AP-0883. Appellant was signaled to stop. He was served with notice under Section 50 of the NDPS Act. He wished to be searched before a Gazetted Officer. DSP Dev Singh was called on the spot. After the Gazetted Of
Strict compliance with mandatory provisions of the NDPS Act, such as Section 42, is essential to protect suspects against false implication and ensure fair investigation and trial.
The conveyance of secret information to the superior officer before the raid constitutes compliance with Section 42 of the NDPS Act, and the limitations imposed by Section 37 in bail matters are to b....
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
The main legal point established in the judgment is the importance of correctly framing the charge and ensuring proper conviction under the relevant offence, as well as the mandatory compliance of pr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
