PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sunil – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
This appeal has been preferred against the judgment and order of sentence dated 07.09.2011 passed by the learned Additional Sessions Judge, Bhiwani, vide which the appellant was convicted under Section 20(b)(ii)(B) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 04 years and to pay of fine Rs.50,000/- along with default mechanism, in FIR No.105 dated 11.12.2007 registered under Section 20 of the NDPS Act, at Police Station Bound-Kalan, Charkhi Dadri.
2. In brief, the prosecution's version is that on 11.12.2007 at about 13:15 hours, Inspector Dharampal, along with ASI Attar Singh, HC Hari Ballabh, HC Umed Singh, and EHC Suresh Kumar, was present in a government vehicle bearing registration No.HR-61-4855, which was driven by EHC Krishan Kumar No.942 while on patrol and crime detection duty. As the police party was traveling from village Manheru to village Kasni, near the brick kiln of Ranbir, Ex-Sarpanch of village Manheru, one Babulal son of Itbari, approached them. While Inspector Dharampal was speaking to Babulal, the accused was spotted appro
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....
The court upheld the conviction under the NDPS Act and modified the sentence based on the appellant's personal circumstances.
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