KHUSHAL SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) Appellant, by way of present appeal, is assailing the
judgment and order dated 30th June, 2008/5th July, 2008 passed by
Special Sessions Judge, Champawat in Sessions Trial No. 11 of
2006, whereby the learned trial Judge has found the appellant guilty
for an offence punishable under Section 8/20 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (hereinafter referred to as
"the Act") and has sentenced him to undergo 12 years' rigorous
imprisonment and a fine of Rs. 1 lac. In default of payment of fine,
appellant was further directed to undergo for two years' rigorous
(2.) Brief facts of the present case, inter alia, are that on 7th
May, 2006, at about 01.05 A.M police informer has passed on a
secret information on telephone to the effect that one boy with 7
Kilograms Charas has reached to Kolidhek by motorcycle and now
he will be reaching Mayawati Tiraha via Khetikhan Chauraha and
shall hand over the said Charas to someone. Having received the
information in the Police Station by telephone, SHO Dinesh Lal
Verma (PW1), having directed the staff of Police Station to enter
the same in the General Diary, has left the Police Station at about
01.30 A.M. alongwith the other police personnel and by the Police
Jeep reached to the Police Check Post. At about 02.20 A.M.
appellant was found coming having a bag on his shoulder. Police
personnel immediately apprehended the appellant and opened the
blue colour rexine bag and found that there was a white colour
plastic bag therein. On smell, police personnel could find that white
bag was containing Charas. Thereafter, PW1 has asked the
appellant that they have secret information that the appellant was
carrying Charas; therefore, if the appellant wants he could be
searched in the presence of S.D.M. or any other gazetted officer.
On this, appellant has replied to call the S.D.M. The S.D.M. was
called through Constable Mehandi Hasan and, therefore, again bag
was opened and it was found containing about 7 Kilograms Charas.
The Charas, so recovered, was seized then and there and thereafter,
appellant was arrested. The Charas, so seized, and the appellant
were taken to Police Station. Having perused the evidence tendered
by the prosecution side, learned trial court has found the appellant
guilty and has sentenced him as mentioned herein above. Feeling
aggrieved, appellant has preferred present appeal.
(3.) We have heard the learned counsel for the appellant as
well as learned counsel for the State/respondent.;
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