K. SHIKHA BARMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FACTUAL ASPECTS : By order dtd. 4/1/2024, the Special Leave Petition out of which the present Criminal Appeal arises has been dismissed as regards petitioner no.1 therein. Now, this Appeal survives only insofar as the appellant, namely, K. Shikha Barman (the appellant) is concerned.

(2.) The appellant was arraigned as accused no.2 along with three other accused in a prosecution for the offence punishable under Ss. 8 and 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(3.) On 4/3/2016, PW-5, Sub-Inspector Bhawna Tiwari, who was posted at the relevant time in Hanumantal Police Station, Jabalpur, received an information that some persons, including three men and two women, were carrying Ganja in a WagonR car and were trying to sell the contraband. Accordingly, necessary preparation was made by PW-5. When PW-5 and her team reached Footalal Ground, Hanumanatal, they found that three men and two women were sitting in a WagonR. The women were Seema and Preeti. On search, bags containing Ganja, totally weighing 38.200 kgs. were seized. Samples were drawn, and further procedure was followed. The accused were arrested. In the memo of arrest, one Seema Choudhari was shown as arrested, whose age was recorded as 17 years in the arrest memo.