LAWS(UTN)-2011-11-7

ANAND SINGH BISHT Vs. STATE OF UTTARAKHAND

Decided On November 01, 2011
ANAND SINGH BISHT Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By way of this petition, the applicants have sought to invoke the powers of this Court under Section 482 CrPC and to quash the chargesheet dated 10.4.2006 submitted against the applicants in Case Crime No. 36/2006, PS Lansdown, District Pauri Garhwal, on the basis of which the Special Sessions Trial No. 9/2006, State v. Pradeep Kumar & Others has been registered under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (for short, the Gangsters Act), which is pending trial in the court of Special Judge, Gangsters Act, Pauri Garhwal.

(2.) Having heard learned Counsel for the applicants and the Brief Holder for the State, it appears that all the three applicants were nabbed at Lansdow Gumkhata Kotdwar Tiraha by the police patrolling party of Lannsdown police station on 21.1.2006 at about 9 pm, when the applicants were allegedly transporting 200 bottles of illicit English liquor for selling the same in the hills of Garhwal. The said liquor was being transported without any license in a white Maruti 1000 Car bearing registration no. DL4CC-3332. The police registered three different cases against all the three applicants, which are as under:

(3.) After the investigation, the police submitted chargesheets against all the applicants in all the three crimes mentioned above. The applicants have filed the instant petition challenging only the chargesheet filed against them under Section 3(1) of the Gangsters Act.