PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Mana Ram – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Present appeal has been preferred by the appellant against the judgment of conviction and order on quantum of sentence dated 26.08.2008/28.08.2008 passed by learned Additional Sessions Judge, Hisar vide which the appellant has been convicted and sentenced as mentioned below:
Offence under Section | Sentence | Fine | Sentence in default of payment of fine |
18 of NDPS Act | Rigorous imprisonment for two years | Rs. 5,000/- | Rigorous imprisonment for 03 months |
2. Brief facts of the case are that on 01.01.2006, ASI Sushil Chander along with other police officials were present near bus stand of Uklana Mandi in connection with patrolling duty, when a person was seen coming from the side of Surewala Chowk, who on seeing the police party suddenly turned back and started walking swiftly. On suspicion, the said person was apprehended and his name and address was verified, who disclosed his name as Mana Ram (appellant herein). Search of the appellant-accused was conducted. Thereafter, on search of left pocket of the appellant, a polythene of black colour containing opium milk was recovered. Out of the said opium, two samples each of 20 grams were separated and remaining on weighme
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.
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....
Accused of an offence under Act shall not be released on bail during trial unless mandatory conditions provided in Section 37 are satisfied.
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