CHAKRA BAHADUR SHAHI Vs. STATE OF UTTARAKHAND.

JUDGEMENT

(1.) THIS is a Jail Appeal, preferred by the convict Appellant Chakra Bahadur Shahi against the judgment and order dated 24.10.2008 rendered in Special Sessions Trial No. 8 of 2005 (State v. Chakra Bahadur Shahi). The offence, wherefore he was tried by the learned Sessions Judge, bearing crime No. 200 of 2005 under Section 8/20 Narcotic Drugs and Psychotropic Substances Act pertaining to police station Banbasa. The accused is resident of place Chandani, police station Gadda Chowki, District Kanchanpur, Nepal.

(2.) THE facts are that on 30.09.2005 when the police party of Banbasa was patrolling in the territorial jurisdiction of the concerning police station, then they apprehended the accused Chakra Bahadur Shahi along with another co -accused at about 1.00 p.m. in the area which is adjacent to the border of Nepal. On being searched, cannabis (charas) nearly one kilogram was recovered from his possession, the recovery memo was made and FIR was lodged. After investigation, the chargesheet was submitted. The accused was tried and convicted by the learned Sessions Judge vide her judgment stated above. He was sentenced to 10 years rigorous imprisonment nay one lakh rupees of fine. In default of payment of fine, he was further sentenced to one year rigorous imprisonment.

(3.) IN the above circumstances, this Court appointed Sri A.M. Saklani as Amicus Curiae for the Appellant and has given hearing to the facts and other merits of the case.