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Buta Khan v. State of Punjab PUNJAB AND HARYANA HIGH COURT Before:- Mr. Sureshwar Thakur, J. CRA-S-262-SB of 2018 (O&M). D/d. 26.08.2022.   For the Appellant :- Ms. Manpreet Ghuman, Advocate. For the Respondent :- Mr. M.S. Nagra, Asst. A.G. Punjab.   Narcotic Drugs and Psychotropic Substances Act, 1985 Section  22 .   JUDGMENT Mr. Sureshwar Thakur, J.  - The learned Special Judge, Patiala through a verdict drawn on 02.12.2017, upon Sessions Case No.10 of 21.02.2017, made a verdict of conviction, upon, the convict qua charges drawn against him, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act"), and, thereafter through a separate sentencing order, drawn on 02.12.2017, proceeded to sentence the convict to rigorous imprisonment extending upto a term of 10 years, and, also imposed, upon him a fine of Rs.1,00,000/-, besides in default of payment of fine, he sentenced the convict to u...

The Supreme Court of India in the Judgement of Hira Singh versus Union of India dated 22.04.2020 has overruled decision of the Supreme Court in the case of E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau (2008) 5 SCC 161  in which it was held that when any narcotic drug or psychotropic substance is found mixed with one or more neutral substance/s, for the purpose of imposition of punishment it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration (paragraphs 15 and 19) DOWNLOAD FULL JUDGEMENT BELOW- (I). The decision of this Court in the case of E. Micheal Raj (Supra) taking the view that in the mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of the neutral substance(s) is not to be taken into consideration while determining the small quantity or commercial quantity of a narcotic drug or psychotropic substance and only the actual content by weight of ...

State of Punjab v. Baljinder Singh (SC) SUPREME COURT OF INDIA Before :- Uday Umesh Lalit, Indu Malhotra and Krishna Murari, JJ. Criminal Appeal Nos. 1565-66 of 2019 (@ Out of SLP (Crl.) Nos. 5659-5660 of 2019). D/d. 15.10.2019. State of Punjab - Appellants Versus Baljinder Singh & Anr. - Respondents For the Appellants :- Ms. Jaspreet Gogia and Ms. Tanupriya, Advocates. For the Respondents :- Mr. Naresh Dilawari, Mr.Mahesh Thakur, Ms. Sheffali Chaudhary, Ms. Vipasha Singh, Ms. Pallavi Singh, Ms. Vriti Gujral and Mr. G. Balaji, Advocates. IMPORTANT Mandate of Section 50 of NDPS Act confined to personal search only - Non-compliance would not invalidate effect of recovery from vehicle. Narcotic Drugs and Psychotropic Substances Act, 1985 Section 50 Recovery of contraband - Non-compliance of provisions during search - Mandate of Section 50 of Act confined to personal search and not to search of vehicle or container or premises - Personal se...