PRATIMA NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is heard through Video Conferencing.

(2.) This appeal arises out of the judgment of conviction and order of sentence dated 16.07.2010 passed by the Special Judge, NDPS, Raipur, C.G. in Special Criminal Case No. 09/09, convicting the accused/appellant for the offence punishable under Section 20(b) (ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act') and sentencing her to undergo rigorous imprisonment for 3 years with fine of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months.

(3.) Case of the prosecution, in brief, is that on 26.01.2009, PW-7 Arun Ukey, Sub-Inspector, received a secret information from informant that appellant/Pratima Nayak, aged about 40 years, is sitting under the Bilaspur railway bridge having contraband (Ganja) in her bag. The said information was reduced to writing vide Ex.P-3 and thereafter without warrant search Panchnama was prepared vide Ex.P-4. The police party along with the witnesses went to the spot, apprehended the accused/appellant, gave her notice vide Ex.P-5 under Section 50 of the NDPS Act and made her aware of her legal rights, on which she consented to be searched by the police officer vide Ex.P-2. Personal search of the police party and the witnesses was also made by the appellant vide Ex.P-1. On written consent being given by the accused/appellant vide Ex.P-2, search of the accused/appellant was made and Ganja like substance was recovered vide Ex.P-7. On weighment being done of the contraband, it was found to be 15 Kg vide Ex.P-6. Two samples, each of 50 gms, were drawn from the said contraband vide Ex.P-7. The samples were duly sealed. The accused/appellant was arrested vide Ex.P-8. FIR Ex.P-14 was registered against the appellant under Section 20 of the NDPS Act. Intimation of the entire proceedings was forwarded to Superior Authorities. The remaining contraband was deposited in Malkhana. Samples were sent to FSL vide Ex.P-9 for chemical examination and as per the report of FSL Raipur, the seized contraband was confirmed to be Ganja vide Ex.P-17.