- (1.) This appeal is filed against the final judgment and order dated 22.07.2013 passed by the High Court of Uttrakhand at Nainital in Criminal Appeal No. 311 of 2002 whereby the High Court dismissed the appeal filed by the appellant herein and affirmed the judgment and order dated 27.11.2002 passed by the Special Judge, Pithoragarh in Sessions Trial No. 17 of 1996 convicting the appellant herein under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs. One lakh, in default, to undergo further simple imprisonment for three years.
(2.) Brief facts: On an information received on 09.07.1996 at about 10.00 a.m. in the morning that in Jeep No. UP 03-1113 going from Dharchula to Pithoragarh, a boy is carrying Charas in a bag, the police team went at the Gauripul check post and at about 11.00 a.m. the said Jeep arrived at the check post Gauripul, it was stopped. When the jeep was checked, it was found that one boy was sitting in its middle seat with a bag on his lap. On being asked as to what was in his bag, he became nervous. On suspicion, the bag was lifted and the same felt to contain heavy materials and on smelling gave foul smell of Charas. When it became certain that this was certainly contraband, the name and address of the boy was asked and he told that his name was Mahiman Singh, resident of Garbyal Khera, P.S. Dharchula, Dist. Pithoragarh. Thereafter he was asked as to which gazetted officer or of which magistrate presence, he wanted search of his bag. On being asked, he apologized. Immediately, he was taken to the office of S.D.M. Dharchula along with companion police staff in official jeep where it was found that the S.D.M. and Tehsildar were not present there. Thereafter he was taken to Nayab Tehsildar and in the presence of Shri Bansi Lal Rana, Magistrate, the search was made and inside the said bag charas of 2 kg. and 100 gm. was found. The authorities then took 100 gm. Charas for its examination in the Laboratory and after taking the sample, it was sealed and the remaining Charas was kept in light green colour polythene bag. The bag was then sealed. Informing the accused of the offence which he has committed, he was then taken into custody.
(3.) On the basis of the recovery, at 4.00 p.m. a FIR was registered against the appellant-accused at the P.S. Jauljibi under Section 20 of the NDPS Act. The case was committed to the Court of Special Judge, Pithoragarh under Sessions Trial No. 17 of 1996.;