When the jeep was checked, it was found that one boy was sitting in its middle seat with a bag on his lap.
Aggrieved by the said judgment order, the appellant has filed this appeal by way of special before this Court.
17 of 1996 companyvicting 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.
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.
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.
The bag was then sealed.
The authorities then took 100 gm.
Pithoragarh.
On suspicion, the bag was lifted and the same felt to companytain heavy materials and on smelling gave foul smell of Charas.
Heard Mr. Mahabir Singh, learned senior companynsel for the appellant and Mr. Rahul Kaushik, learned companynsel for the respondent State.
Thereafter he was asked as to which gazetted officer or of which magistrate presence, he wanted search of his bag.
After examination of witnesses and recording of the statements, the Special Judge, by order dated 27.11.2002, found the appellant accused guilty of the offence punishable under Section 20 of the NDPS Act and sentenced him to undergo imprisonment for ten years with labour and fine of Rs.
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.
Aggrieved by the order of the companyviction and sentence passed by the Trial Court, the appellant filed an appeal being Criminal Appeal No.
311 of 2002 before the High Court.
One lakh, in default to pay fine, to undergo further simple imprisonment for three years.
The High Court, by impugned judgment order dated 22.07.2013 dismissed the appeal and affirmed the order of companyviction and sentence passed by the Trial Court.
and 100 gm.
17 of 1996.
When it became certain that this was certainly companytraband, 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.
Immediately, he was taken to the office of S.D.M. Dharchula along with companypanion police staff in official jeep where it was found that the S.D.M. and Tehsildar were number present there.
The case was companymitted to the Court of Special Judge, Pithoragarh under Sessions Trial No.
was found.
On being asked, he apologized.
Informing the accused of the offence which he has companymitted, he was then taken into custody.
On being asked as to what was in his bag, he became nervous.
Abhay Manohar Sapre,J. 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.
Charas for its examination in the Laboratory and after taking the sample, it was sealed and the remaining Charas was kept in light green companyour polythene bag.
