SHAILESH TINNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 10-11-2010 passed by the Special Judge (Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") Raipur in Special Case No. 7 of 2009, wherein the said Court has convicted the appellant for commission of offence under Section 20 (b)(ii) (c) of the Act, 1985 and sentenced her to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- with default stipulations.

(2.) As per prosecution case, on 5-1-2008 Investigating Officer namely A.K. Uike (PW/8) received information from Mukhbir at bout 7.15 a.m. that in the evening four persons (two men and two women) are coming to Raipur by train (Link Express) having Ganja (Cannabis) in the bags and basket. After completion of legal formalities Investigating Officer proceeded towards the spot with police personnel. Investigating Officer caught the appellant in the railway station platform under the over bridge. He gave notice to the appellant about the right to be searched by Gazetted Officer or Magistrate but she opted to be searched by the said officer and thereafter on search a bag and basket was found in her possession in which 25 kgs of contraband article Ganja was found. Two samples of 50 grams each were separated from the said article and sealed. After completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) The appeal is preferred on the following grounds.