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2008 Supreme(UK) 568

J.C.S.RAWAT
Ram Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
Sri Manpj Kumar Gael; Amicus Curiae for Appellant
Sri Amit Bhatt, Addl. A.GA for Respondent/State

JUDGMENT

This appeal has been preferred against the judgment and order dated 10-01-2007 passed by Special Sessions Judge/Sessions Judge, Almora in Special S.T. No. 10 of 2006, State Vs. Ram Singh whereby the accused/appellant has been convicted for the offence punishable u/s 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred' as Act, 1985) & sentenced to undergo rigorous imprisonment for ten years and a fine of 1,00,000/-. In default of payment of fine, the accused/appellant would further undergo rigorous imprisonment for two years.

2. Brief facts leading to the prosecution case are that on 24-02-2006 at about 17:30 hrs. the police patrolling party was on the patrolling duty. When the police patrolling party reached near Mohaan Barrier, they started checking the vehicle at the spot. When they were busy in checking the vehicle, they saw a person hanging plastic bag on his shoulder. Seeing the police patrolling party coming over there, he started moving back from there. On suspicion, the police patrolling party immediately apprehended him. After being apprehended, the accused/appellant disclosed his name as Ram Singh S/o Dashrath and admitted that he was























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