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2005 Supreme(UK) 124

IRSHAD HUSSAIN, RAJESH TANDON
Harman Chrust – Appellant
Versus
State – Respondent


Advocates Appeared:
Sri P.S. Adhikari, Sr. Advocate, assisted by Sri B.S. Adhikari, Advocate for the appellant.
Sri A. Rab, learned A.G.A. & Sri Nandan Arya, learned A.G.A. for the State.

Judgement

Rajesh Tandon, J.

This is an appeal against the judgement and order dated 01-05-2002 passed by the Special Judge, Bageshwar, convicted the accused-appellant under section 20 (b) (i1) read with section 22 of Narcotic Drugs and Psychotropic Substances Act and sentencing him to undergo rigorous imprisonment for 12 years and to pay a fine of rupees two lacs and in default of payment of fine to further undergo simple imprisonment for six months.

2. Briefly stated the facts giving rise to the present appeal are that on the basis of information received by the police from some informer, police conducted a raid in the house of Govind Singh in village Kapkote, District Bageshwar on 25-10-2001 at about 7.30.AM'. Mr. D.S. Negi, Deputy Superintendent, headed the Police party. Accused Harman Chrust was found present in the house. After making search of the room police recovered 6.800 Kg. Charas, which was kept in a raksin bag hanging on the wall. The Police took a sample of 200 gm. Charas for chemical analysis and remaining Charas was sealed in the bag. On personal search of the accused a sum of Rs. 14,800/and a passport was recovered. The Police tried to procure public witnesses bu





























































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