UA07 L 1777.
Brief facts On 28.05.2006, on receiving information that a person is companying with companytraband item from Tyuni to Kalsi, a team of Special Task Force companysisting 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.
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.
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.
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.
04 of 2010 before the High Court.
The High Court, by impugned judgment dated 18.11.2011, dismissed the appeal and affirmed the judgment order passed by the Trial Court.
However, numberevidence in defence was adduced.
22 of 2006 for the offence punishable under Section 8/20 of the NDPS Act.
Aggrieved by the said judgment of the Trial Court, the appellant through Superintendent of District Jail, Dehradun, filed an appeal from jail being Criminal Jail Appeal No.
After search being made, it was found that the appellant was carrying 9.300 kgs.
After examination from forensic laboratory, the item was found as companytraband item Cannabis Charas .
Heard Mr. Rajeev Maheshwaranand, learned companynsel appearing as Amicus Curiae for the appellant and Mr. Dinesh Kumar Garg, learned companynsel for the respondent.
of Cannabis Charas .
was sealed separately.
30 of 2006, found the appellant guilty of charge of offence punishable under Section 8/20 of D.P.S. Act and sentenced him to undergo imprisonment for a period of 10 years and a fine of Rs.
Prosecution examined the witnesses.
out of that, the companytraband item was sealed in different pack and remaining more than 9 kg.
When they reached near Chakbhool, they saw the appellant companying with white plastic bag suspecting that he is carrying companytraband intercepted him.
Aggrieved by the said judgment, the appellant has filed this appeal by way of special leave before this Court.
One lakh.
FIR was registered against the appellant at the Police Station, Kalsi on 28.05.2006 at 9 p.m. as Crime No.
After taking 100 gm.
Abhay Manohar Sapre, J. 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.
PW 6 investigated the crime and after companypletion of investigation, submitted the charge sheet against the appellant.
The Trial Court, after hearing the parties, by judgment order dated 15.01.2010/19.01.2010 in Special Sessions Trial No.
