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2022 Supreme(UK) 66

RAVINDRA MAITHANI
Mukesh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Prabha Naithani.
For the Respondent: Mr. Lalit Miglani.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Present appeal is preferred against the judgment and order dated 20.08.2014, passed in Special Sessions Trial No. 04 of 2012, State vs. Mukesh, by the court of Special Judge, N.D.P.S. Act, Haridwar. By the impugned judgment and order, the appellant has been convicted under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) and sentenced to ten years rigorous imprisonment and a fine of Rs. 1 Lakh. It has further been directed that in default of payment of fine, the appellant shall undergo imprisonment for a further period of six months.

2. Facts briefly stated are as follows:

    PW-4 Head Constable, Hari Mohan was travelling in Lahori Express Train on 15.11.2011. He spotted a person with four bags. That person became uncomfortable when he noticed the presence of police personnel. He was the appellant. He was asked as to what he was carrying in these bags. He revealed that he was carrying Ganja. PW-4 Head Constable, Hari Mohan informed it to the Police Station Railway Station Haridwar. Thereafter, PW-1 Sub Inspector, Hari Singh Negi along with PW-2 Constable, Satendra Lal and PW-3 Police Constable, Gyan Chandra

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