JYOTI BAJAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 03.10.2009 passed by Special Judge (Narcotic Drugs & Psychotropic Substances Act , 1985) (for short "the Act, 1985"), Dhamtari (C.G.) in Special Criminal Case No. 05/2008, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of the Act, 1985 and sentenced to undergo R.I. for 4 years and fine of Rs. 20,000/- with further default stipulations.

(2.) As per case of the prosecution, on 17.10.2008 at about 2:30 p.m., information was received by Station House Officer of Police Station- City Kotwali that the appellant involved in selling contraband article ganja from her house. After receiving the information and after complying with all the legal formalities, the police officer reached to the spot and contraband article was found in a plastic bag. The matter was investigated, appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-