BHIM BAHADUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal was received through the Jail Authorities of Haridwar.

(2.) Appellant, by way of present appeal, is assailing the judgment and order dated 25.05.2011 passed by 6th

(3.) Brief facts of the present case inter alia are that on 16.02.2010 Sub Inspector Jaswant Singh (P.W.4) along with other police personals was on patrolling duty; P.W.4, near the Kangri check post, has signaled Bus No. UA07J/4179 to stop; thereafter P.W.4 along with other police personals entered into the bus for the purpose of checking; Appellant Bhim Bahadur, Teg Bahadur, Smt. Dil Kumari and Smt. Farkmiya, all resident of Nepal started behaving abnormally after seeing the policy party; all the four persons were asked as to why they are behaving abnormally, then all of them told the police party that they were carrying chrus; appellant and three other were asked about their legal right to be searched in the presence of Gazetted Officer/Magistrate, but appellant and