HARJINDER SINGH versus STATE OF PUNJAB

HARJINDER SINGH versus STATE OF PUNJAB

Given the legal position under Sections 385-386 of the Code and that the appellant was in jail and could not make alternative arrangements for counsel, the High Court's judgment was set aside and the matter remitted to the High Court for fresh disposal after affording opportunity to both sides, particularly to the appellant.

Parties
Appellant: Harjinder Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
16 August 2010
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Decision
Outcome
Judgment of High Court set aside; matter remitted to High Court for fresh disposal and appeal disposed of accordingly
Legal Topics
Appellate Procedure, Dismissal of Appeal, Right to Counsel, Narcotic Drugs and Psychotropic Substances Act
Criminal Law Appellate Procedure Dismissal of Appeal Right to Counsel Narcotic Drugs and Psychotropic Substances Act

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Parties

Harjinder Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the High Court erred in disposing of the criminal appeal in absence of the appellant's counsel without providing opportunity to the appellant who was in jail

Ratio Decidendi

Given the legal position under Sections 385-386 of the Code and that the appellant was in jail and could not make alternative arrangements for counsel, the High Court's judgment was set aside and the matter remitted to the High Court for fresh disposal after affording opportunity to both sides, particularly to the appellant.

Court Disposition

Judgment of High Court set aside; matter remitted to High Court for fresh disposal and appeal disposed of accordingly

Orders

  • Set aside High Court's impugned judgment dated 19.08.2008
  • High Court to restore appeal to original number (Criminal Appeal No. 1440-SB of 2001)