CRJA/14/2021
2023 Latest Caselaw 1780 UK

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                                 CRJA No. 14 of 2021
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Mr. Gaurav Kandpal, learned counsel for the appellant.

(2) Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

(3) Heard learned counsel for the parties on the bail application.

(4) This is a Jail Appeal filed under Section 374 Cr.P.C. The appellant has challenged the judgment & order dated 12.02.2021 passed by learned Special Judge, N.D.P.S. Act, Dehradun in Special Sessions Trial No. 504 of 2017, whereby appellant has been convicted under Section 8/18(b) read with Section 8(c) of Narcotic Drugs & Psychotropic Substance Act and sentenced to rigorous imprisonment for 20 years with fine of `1,00,000/- and, in default of payment of fine, he was sentenced to undergo three years additional rigorous imprisonment.

(5) According to the case of prosecution, near Nanda-Ki-Chauki, Dehradun on 10.07.2017 at about 2015 hrs, appellant was intercepted by police party and Gazetted Officer was called for search. On being searched, 5 kilogram of opium was recovered from the possession of appellant, which was contained in ten packets in a bag.

(6) Mr. Gaurav Kandpal, learned counsel for the appellant submits that appellant was falsely implicated in the present case. It was submitted that he went Dehradun to recover the loan from one Noor Hassan, whom he had given ₹2.00 lakh. He was implanted with the contraband alleged to have been recovered from him

(6) Per contra, learned Deputy Advocate General for the State submits that it was a chance recovery and the quantity of opium is double the commercial quantity. He further submits that proper compliance of Section 50 of N.D.P.S. Act has been made in the presence of Circle Officer (Shri Chandra Mohan Singh), who was called by Sub Inspector - Shishupal Singh

(7) We have considered the submission advanced by learned counsel for the parties. Considering the huge quantity of 5 kilogram of opium recovered from the possession of the appellant, we are not inclined to enlarge the appellant on bail at this stage.

of 2021) is rejected.

(9) List this case for final hearing on 06.11.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 05.07.2023 Aswal