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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Karnail Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Kirti Singh, J.
CRM-17867-2024
The application is allowed as prayed for.
Medical record is taken on record.
MAIN CASE
Instant appeal has been directed against the judgment of conviction dated 10.11.2006 and order of sentence dated 13.11.2006 passed by Special Judge (under The Narcotic Drugs and Psychotropic Substances Act, 1985) (hereinafter referred to as 'NDPS Act') Jalandhar, whereby the appellant-accused had been held guilty for commission of offence punishable under Section 15 of NDPS Act and sentenced to undergo rigorous imprisonment for a period of 04 years and to pay fine of Rs. 10,000/- with default stipulation.
Factual Matrix
2. In brief, the story of the prosecution is that on 25.05.2003, ASI Vijay Kumar along with other police officials was present in the area of village Jakkopur Kalan when he saw accused coming on the scooter who was carrying one gunny bag. He informed the accused that he was under suspicion that the accused was in possession of some intoxicant and his search was to be carried out, whether he wanted his search by a Gazetted Officer or by a Magistrate. The accused opted his search before a Gazetted Officer and memo in this respect was recorded. There
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....
The court affirmed the conviction under the NDPS Act but modified the sentence to reflect time already served, emphasizing the need for proportionality in sentencing.
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