DONIYAR VILDANOV Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) A search conducted on the Indo-Nepal Boarder led to recovery and seizure of 1.900 kg of charas from a Russian national, who was arrested and later put on trial. The Sessions Court convicted and sentenced the accused to ten years rigorous imprisonment for the offences punishable under Ss. 8, 20 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985[ For brevity, 'the NDPS Act'] and a fine of Rs.1.00 lakh with a default sentence of six months. The prosecution alleged that after entering the territory of India, 15 meters from the Border Pillar No.517/2 (Sub Pillar), the appellant herein was accosted and searched by a team of Sashastra Seema Bal (SSB). On detection of the contraband in his bag, a police team which was also engaged, along with the SSB team, in the combing operation at the border was summoned after which the recovery was made and the criminal law put into motion.

(3.) The accused on the other hand claimed that he was taken into custody on the previous day at the no man 's land and on his refusal to bribe the police, a false case was registered against him and his pet dog, accompanying him, was also taken away by the police team. The High Court on an appeal affirmed the conviction and sentence handed down by the Trial Court against which the present appeal is filed.