THAN KUNWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was accused No. 1 before the Trial Court and the appellant before the High Court, which, by the impugned judgement, confirmed the judgment of the Trial Court and convicted her under Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) The prosecution case, briefly put, is as follows: On 10.04.2004, ASI-PW7 and other police officials noticed the appellant and another accused approaching from 8, Marla Colony carrying a bag in their hands. On seeing the police party, the accused allegedly turned back and started walking briskly. This aroused suspicion in the mind of the ASI. He intercepted them. The bag was suspected to contain narcotic items. The accused were informed that if they so desired, they could have search of the bag in the presence of a Gazetted Officer or Magistrate. The appellant desired search by a Gazetted Officer. The DSP came to the spot. On his directions, the search was carried out. The bag contained on weighment 6 kilograms 300 grams of opium. Samples were taken. Thereafter, the formal FIR was registered. On receipt of the FSL report and completing investigation, the charge- sheet was filed. Prosecution examined 8 witnesses. The appellant denied incriminating circumstances, in the questioning held under Section 313 of the Code of Criminal Procedure. As noticed earlier, the High Court has affirmed the appellant's conviction.

(3.) We have heard learned Counsel for the appellant.