POORAN SINGH ADHIKARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant-Pooran Singh Adhikari has been convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.30,000.00 for the offence under Sec. 8 read with Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide judgment dtd. 15/1/2022, passed by the learned 2nd Additional Sessions Judge/Special Judge (N.D.P.S. Act), Nainital in Special Sessions Trial No.13 of 2015, 'State vs. Pooran Singh'.

(2.) Heard Mr. Ram Singh Sammal, the learned counsel for the appellant, and, Mr. S.T. Bhardwaj, the learned Deputy Advocate General for the State on Bail Application (IA No.1 of 2022).

(3.) Mr. Ram Singh Sammal, the learned counsel for the appellant, submitted that the appellant has been implicated in this matter; nothing was recovered from his possession; the alleged recovered Charas was around 700 grams, which is non-commercial quantity; there was no independent witness in the proceedings of the alleged recovery; there are substantial doubts about the conviction; the appellant has no criminal history; he is a permanent resident of District Nainital; he was on bail during the trial and the conditions of the bail were neither misused nor violated by him.