- Jarnail Singh Vs. State of Punjab

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Mode of Citation- ILC-2014-SC-CRL-....

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ILC-2011-SC-CRL-Feb-24

Jarnail Singh Vs. State of Punjab

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 18 , Section 50

Conviction and sentence - Non application section 50 - Appellant apprehended by police party on suspicion - 1 kg., 750 gms. opium recovered - From his custody - Trial Court and High Court concurrently found - Prosecution proved its case beyond reasonable doubt - Appeal - Prosecution offered plausible explanation - Regard to non-joining of the independent witnesses - No evidence produced to show - Any efforts to complain about the high handed behaviour of the police - Recovery of the narcotic - From a container - Carried by individual - Provisions of Section 50 would not attracted - Sufficient independent evidence produced - Mere delay in sending the sample - To Chemical Examiner - Not sufficient to conclude - Sample tampered - Report of Chemical Examiner indicates - Seals intact -Tallied with seal - Held - No infirmity or perversity in findings of lower Courts - Appeal dismissed.

BENCH :

Hon'ble Mr. Justice B. Sudershan Reddy , Hon'ble Mr. Justice Surinder Singh Nijjar ,

Advocates For the Appellant(s) :

Ujjal Singh, J.P. Singh, R.C. Kaushik, Advocates

Advocates For the Respondent(s) :

H.M. Singh, Kaushal Yadav, Kuldip Singh, Advocates

Topic(s)-