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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Kanhiya Lal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR . J.
1. This order shall dispose of above noted two appeals, as the same have emanated out of the same occurrence.
2. The present appeals have been filed by the appellants against the judgment dated 20.09.2004, passed by learned Additional Sessions Judge, Fatehabad, whereby the appellants have been held guilty and convicted for the offence under Section 15 (c) of the NDPS Act and have been sentenced to undergo rigorous imprisonment for a period 10 years and to pay fine of Rs. 1 lakh each and in case default of payment of fine, they have been ordered to undergo rigorous imprisonment for a period of 2 years.
3. Brief facts of the prosecution case are that on 11.07.2000, S.I. Azad Singh posted as Incharge of Police Post Daryapur was present at Bus Stop Daryapur in connection with the checking of vehicles. In the meantime, a jeep bearing registration No. HR-39/5247 came from the side of Sirsa City, which was stopped by the police party and on inquiry, the driver of the jeep told his name as Kanihya Lal and the co-passenger disclosed his name as Krishan. On checking the said jeep, three gunny bags were found lying on the back portion of the jeep. Suspecting
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 ....
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
The prosecution's failure to adhere to mandatory provisions of the NDPS Act led to serious discrepancies, resulting in the acquittal of the accused.
The conviction was overturned due to failure to comply with mandatory procedures under the NDPS Act, specifically Section 52A regarding sample collection.
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