Devendra Singh Malik VS State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ALOK KUMAR VERMA
Devendra Singh Malik – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Counsel for the Parties:
For the Appellant: Mr. Sandeep Adhikari, Amicus Curiae (through video conferencing)
For the Respondent:Mr. S.T. Bhardwaj, Deputy Advocate General

JUDGMENT

Alok Kumar Verma, J.—Present Criminal Appeal has been filed against the judgment dated 15.12.2005, passed by learned Special Sessions Judge, Champawat in Special Sessions Trial No. 03 of 2003, “State vs. Devendra Singh Malik”, by which, the appellant Devendra Singh Malilk has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs. 1,00,000/- for the offence under Section 18 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

2. Facts to the limited extent necessary, are that on 07.11.2003, Sub-Inspector K.P. Singh (PW1), Constable Ramesh Ram and Constable Mubarik Hassan Rizvi (PW3) were on patrolling duty. When they reached near the bridge, they saw the accused coming from Nepal. Seeing the police, he started going back. On suspicion, he was apprehended at 15:00 hrs. He was asked the reason for running away. He told that he had one kilogram Charas. On enquiry, he told his name and address. Sub-Inspector K.P. Singh told the accused that he has to be searched before a Magistrate or a Gazette Officer, so does he want to go to any of them for search. The accused sai