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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, GURBIR SINGH
Balwinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
The appellants Balwinder Singh and Bhola Singh assail judgment and order dated 4.9.2017 passed by learned Judge, Special Court, Bathinda vide which the appellants have been held guilty of having committed offences punishable under Sections 21 and 22 of the NDPS Act and have been sentenced as under :-
Offence | Imprisonment | Fine | In default of fine |
under Section 21 of the NDPS Act | R.I. for 11 years | Rs. 1,10,000/- | R.I. of one year R.I. of one year |
under Section 22 of the NDPS Act | R.I. for 11 years | Rs. 1,10,000/- |
2. It is the case of prosecution that on 2.9.2012, a police party headed by ASI Balbir Singh (Investigating Officer) went for patrolling in the area of village Jajjal. One Jagna Singh was also associated with the police party. When the police party was present near the bridge on minor canal in the area of village Jajjal, two persons were seen coming on foot who were carrying a white coloured heavy plastic bag in their hands. Upon noticing the police party, they threw away the plastic bag and tried to slip away in the fields. However, the police party, getting suspicious, apprehended them. Upon inquiry, they disclosed their names as Balwinder Singh and Bhola
Mandatory compliance with Section 50 of NDPS Act is imperative in cases of search of the body of the accused, and failure to comply renders the recovery of contraband suspect and the conviction unsus....
The court affirmed that possession of contraband substances establishes statutory presumptions requiring defendants to prove lack of conscious possession under the Narcotic Drugs and Psychotropic Sub....
Mandatory compliance with Section 50 of the NDPS Act is essential for lawful searches; failure to do so renders convictions unsustainable.
Strict compliance with the statutory provisions of the NDPS Act, particularly in cases involving the seizure and disposal of contraband, is crucial to establish the integrity of the evidence and the ....
Mandatory provisions of the NDPS Act must be strictly followed; non-compliance leads to invalidation of search and recovery.
The court affirmed the conviction under the NDPS Act, emphasizing that procedural lapses do not invalidate the trial when no prejudice is demonstrated, and the prosecution established possession and ....
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