ARIF KHAN @ AGHA KHAN vs THE STATE OF UTTARAKHAND. Supreme Court, 27-04-2018
| Judge | HON'BLE MR. JUSTICE R.K. AGRAWAL, HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE |
| Court | Supreme Court (India) |
| Date | 27 April 2018 |
| Parties | ARIF KHAN @ AGHA KHANTHE STATE OF UTTARAKHAND |
| Docket Number | Crl.A. No.-000273-000273 / 2007 |
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 273 OF 2007
Arif Khan @ Agha Khan ... Appellant(s)
Versus
State of Uttarakhand ... Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1. This appeal is filed by the accused against the
final judgment and order dated 26.06.2006 passed
by the High Court of Uttaranchal at Nainital in
Criminal Appeal No.368 of 2004 whereby the High
Court confirmed the judgment and order dated
09.11.2004 passed by the Additional Sessions
Judge, Fast Track Court II, Udham Singh Nagar in
Digitally signed by
ASHA SUNDRIYAL
Date: 2018.04.27
16:11:25 IST
Reason:
Signature Not Verified
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Special Sessions Trial No.20 of 2003 by which the
appellant-accused was convicted for the offence
punishable under Section 20 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (hereinafter
referred to as “the NDPS Act”) and sentenced him to
undergo rigorous imprisonment for 10 years and a
fine of Rs.1,00,000/-.
2. In order to appreciate the issue involved in the
appeal, few facts need to be mentioned hereinbelow.
3. In short, the case of the prosecution is as
under:
4. On 23.11.2002, a secret information was
received in P.S. Kichha from one unknown
informant that one person is travelling in a
roadways bus carrying with him some contraband
articles. The secret informant also gave information
that the person concerned would get down near the
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