JAGAT SINGH Vs. STATE OF UTTARAKHAND
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
STATE OF UTTARAKHAND
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(1.) This appeal is filed against the final judgment and order dated 18.11.2011 of the High Court of Uttarakhand at Nainital in Criminal Jail Appeal No. 4 of 2010 whereby the High Court dismissed the appeal filed by the appellant herein upholding the order dated 15.01.2010/19.01.2010 passed by the Special Judge(N.D.P.S.Act)/Additional Sessions Judge/IVth Fast Track Court, Dehradun in Special Sessions Trial Case No. 30 of 2006 convicting the appellant under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced him to undergo rigorous imprisonment for a period of ten years and a fine of Rs. 1 lakh, in default of payment of fine, to undergo further simple imprisonment of two years.
(2.) Brief facts:
On 28.05.2006, on receiving information that a person is coming with contraband item from Tyuni to Kalsi, a team of Special Task Force consisting of Sub-Inspector Ved Prakash Thapliyal (PW-1), Sub Inspector Davender Singh (PW-2), Head Constable Bhawan Singh with Constables, Nagesh Pal, Vijender Singh, Mahender Singh and Harshvardhan along with Driver Dhanveer Patwal proceeded in a vehicle bearing No. UA07-L 1777. When they reached near Chakbhool, they saw the appellant coming with white plastic bag suspecting that he is carrying contraband intercepted him. On receiving the information from the police party, Dinesh Chander Rawat, Deputy Superintendant of Police(PW-5), a Gazetted officer, also reached at the spot. After search being made, it was found that the appellant was carrying 9.300 kgs. of Cannabis(Charas). After taking 100 gm. out of that, the contraband item was sealed in different pack and remaining more than 9 kg. was sealed separately. FIR was registered against the appellant at the Police Station, Kalsi on 28.05.2006 at 9 p.m. as Crime No. 22 of 2006 for the offence punishable under Section 8/20 of the NDPS Act. PW-6 investigated the crime and after completion of investigation, submitted the charge sheet against the appellant.
(3.) After examination from forensic laboratory, the item was found as contraband item Cannabis (Charas). The Special Court (N.D.P.S.Act), after hearing the parties on 05.10.2006, framed charge of offence punishable under Section 8/20 of N.D.P.S. Act.;
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