P&H: Court Acquits Man in 15 gms recovery of Heroine in NDPS Case, Finds contradictions in statements of official and independent witness and Search not conducted in conformity with law

punjab-haryana
⚖️ Order Date: 27 Aug 2026
Headnotes

(i) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.21, 42, 55, 57 — Recovery of contraband — Search and seizure — Recovery of 15 gms of smack from appellant’s house was not proved, as testimonies of official witnesses were contradictory on material particulars and independent...

(ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 — Search and seizure — Accused opted for search of house/person to be conducted in presence of two respectables of village  — However, memo prepared by Investigating Officer shows that one resident of village was joined at...


Facts of the Case

P&H: Court Acquits Man in 15 gms recovery of Heroine in NDPS Case, Finds contradictions in statements of official and independent witness and Search not conducted in conformity with law

The Punjab and Haryana High Court has set aside the conviction of Baldev Singh in a narcotics case, holding that the prosecution failed to prove the recovery of smack from his house in a reliable manner.

Baldev Singh had been convicted by the Special Judge, Kurukshetra, under Section 21 of the NDPS Act and sentenced to three months’ rigorous imprisonment along with a fine of Rs. 5,000. He challenged both the conviction and sentence before the High Court.

The prosecution had claimed that police raided his residence on a tip-off and recovered 15 grams of smack. It relied mainly on...

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