PUSHPAWATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is filed under Section 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 03/04/2003 passed by Special Judge, (N.D.P.S. Act) Bastar, Place Jagdalpur in Special Case No. 42/2002; whereby the appellant Pushpawati stands convicted and sentenced as under:-

(2.) Case of the prosecution in brief is that on 22/09/2002 Sub Inspector Alim Khan of Police Station Nagarnar, District Bastar received a secret information that one lady (accused) carrying Ganja in bag at National Highway No. 43 near Bhaganpur Chowk is waiting for vehicle. After recording the said information in the Rojnamchasanha Ex. P-2, Panchnama Ex. P-3 was prepared in presence of witnesses and thereafter he proceeded for search of the appellant. Sub Inspector Alim Khan alongwith Police staff and 2 witnesses went to spot where she was waiting for vehicle after recording the departure in the Rojnamchasanha to this effect. Notice (Ex. P-6) under Section 50 of the NDPS Act was given to the accused before her search that she may get the search through Gazetted Officer or the Magistrate or by any other Police Officer. The accused consented for search by the Police vide Ex. P-7. Thereafter, Police, gave search of himself and the Police Staff by the accused vide Ex. P-8. After search of the accused, 3.5 KG Ganja was recovered in bag. Identification Memo of the Ganja was prepared vide Ex. P-9. Weighing Panchnama was prepared vide Ex. P-1. Out of the said Ganja 2 samples of 30-30 grams were drawn and sealed and seizure memo Ex. P-11 was prepared. The seized Contraband was deposited in Malkhana by Alim Khan and acknowledgement was obtained vide Ex. P-26C. Spot map was prepared as per Ex. P12. The accused was arrested vide Ex. P-13, intimation of her arrest was sent to her husband. Dehati Nalishi Ex. P-14 was prepared on the spot. FIR Ex. P-16 was registered under Crime No. 126/2002 and the information regarding the entire proceedings was forwarded to the S.P. and A.S.P. Jagdalpur, the samples were sent for Chemical Examination to FSL Raipur vide Ex. P-22 from where report Ex. P-24 was received confirming the Contraband to be Ganja. After completion of investigation charge sheet was filed against the accused/appellant under Section 20(b) of NDPS, Act.

(3.) The Trial Court framed charge against the accused/appellant under Section 20(b)II(B) of NDPS Act. The accused/appellant denied the charge and prayed for trial.