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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
N.S.SHEKHAWAT
Gurjant Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
N.S.Shekhawat, J.
The appellant has preferred the present appeal against the impugned judgment and order dated 19.02.2025 passed by the Special Court, Gurdaspur, whereby, the appellant was held guilty for the commission of the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the NDPs Act') and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000/-, alongwith the default stipulation.
2. During the course of arguments, learned counsel for the appellant made a statement that he does not wish to challenge the judgment of conviction, however, some leniency may be shown while awarding the sentence to the appellant. Even, the learned counsel for the appellant does not challenge the judgment of conviction, still, this Court has perused the evidence led by the parties and has examined the case on merits.
3. As per the case of the prosecution, on 21.11.2020, ASI Pawlinder Singh was present at Police Station Kalanaur and received a secret information that Pargat Singh ASI detained Gurjant Singh son of Satnam Singh resident of village Kamalpur near Bus Stand Mojowal, who was g
The prosecution must prove its case beyond a reasonable doubt, and the absence of key witness testimony undermines the credibility of the prosecution's narrative.
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.
Narcotics, Intoxicate and Liquor - Search and seizure – Investigation by Police officer - There is no legal proposition that evidence of police officials unless supported by independent evidence is u....
The limitations imposed by section 37 of NDPS Act and the admissibility of disclosure statements were central to the court's decision.
The court may allow a departure from the bar under Section 37 of the NDPS Act based on the circumstances of the case and the absence of indications that the accused may repeat the offense, abscond, o....
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