Casev Details: Doniyar Vildanov vs. State of U.P. (2026) 40 Centax 129 (All.)
Judiciary and Counsel Details
- Syed Aftab Husain Rizvi, J.
- Shri Nitin Chandra Mishra, for the Appellant.
Facts of the Case
The appellant was apprehended at the Indo-Nepal border during routine checking, and upon search of his bag, seven packets of charas weighing 1.9 kg were recovered. The search was conducted after obtaining consent from the appellant, and necessary procedures such as preparation of recovery memo, sampling, and sealing were carried out. The sample was sent to the Forensic Science Laboratory, which confirmed the substance as charas. The Trial Court, after examining witnesses and evidence, convicted the appellant under the NDPS Act and imposed a sentence of 10 years’ rigorous imprisonment with fine. The appellant challenged the conviction on grounds of false implication, lack of independent witnesses, and non-compliance with mandatory provisions.
High Court Held
The High Court held that the prosecution had successfully proved the recovery of 1.9 kg charas from the possession of the appellant beyond reasonable doubt, supported by consistent witness testimony and FSL report. It observed that minor discrepancies and absence of independent witnesses did not affect the credibility of the prosecution case. The Court further held that mandatory provisions under the NDPS Act were duly complied with and the Trial Court had correctly appreciated the evidence. Accordingly, the conviction and minimum statutory sentence were upheld, and the appeal was dismissed.
List of Cases Cited
- State v. Doniyar Vildanov — Special Sessions Trial No. 01 of 2017, dated 28.09.2019 — Affirmed [Paras 15, 18]
