MOHAMMAD KHURSHID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant-Mohammand Khurshid, S/o Sri Saffudin is in judicial custody on his conviction under Sec. 8(c) r/w 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') vide judgment and order dtd. 30/8/2022, passed by Special Judge, NDPS, Dehradun in Special Sessions Trial No.192 of 2020, whereby the appellant was sentenced to undergo 15 years' R.I. with a fine of Rs.1,00,000.00 with default stipulation of six months' R.I.

(2.) As per the case of the prosecution, on information, received by the police party on 4/9/2019, S.I.-Sri Navneet Bhandari along with other police personnel intercepted a bus of Himachal Roadways bearing Registration No.HP06A 5221 at Nanda ki Chowki Bridge in Dehradun and one person sitting on the back side of the bus wearing a yellow shirt was interrogated, who tried to run from the place, but he was checked by the police party. On asking, he disclosed his name as Khurshid, S/o Saffuddin, R/o Village Raiya Nagla, P.S. MirGanj, District Bareilly, aged about 40 years and told the police that he was going to Ponta Sahib to deliver the contraband; he was informed by S.I.-Navneet Bhandari about his right to be searched in the presence of a Gazetted Officer and on his consent having been given at about 01:15 a.m., the CO City-Shekhar Chand Suyal was called on the spot and in his presence 610 gms. smack was recovered from him, which was kept in a pink plastic bag (Panni). The recovered contraband was sealed and kept in white clothes and a consent letter was also taken from the appellant by C.O. City-Shekhar Chand Suyal. The recovery memo was prepared; the recovered contraband and other articles i.e. mobile phone and a sum of Rs.1,800.00 were recovered from the appellant and accordingly, the first information report was lodged against the appellant.

(3.) Learned counsel for the appellant would press the bail application today as the objection, called upon from the State is already on record.