URTIHIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against judgment dated 18.6.2015 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), Raigarh in Special Case No.11 of 2014, whereby the Appellant has been convicted and sentenced as under:

(2.) Case of the prosecution, in brief, is that on 31.7.2014 G.R. Rathiya (PW8), Sub-Inspector/Station House Officer of G.R.P. Raigarh received a secret information that a woman was travelling in Jharsuguda-Gondiya Passenger and was sitting in the second bogie after the engine with airbag and jhola (carry bag) in which Ganja was kept. He recorded the information vide Ex.P2, called witnesses Vimal Sarkar (PW4) and Madhav Ghosh (PW5) and thereafter reached at platform No.2 along with the above witnesses and staff members. He entered the said bogie, where he found the Appellant. The Appellant was having one airbag and two jhola. On being asked, she informed that she was having Ganja. She was got down from the bogie to platform No.2 along with the airbag and jhola. On making her search at platform No.2, 11 Kgs. of Ganja was found in her airbag, 4 1/2 Kgs. of Ganja was found in her one canvas jhola and 7 1/2 Kgs. of Ganja was found in her other chain jhola. 1-1 sample of 50 Grams each, total 3 samples were prepared from each of the airbag and two jhola and were marked as A1, A2 and A3. The sample packets and the remaining Ganja were seized vide Ex.P15. After return to the G.R.P., he registered First Information Report (Ex.P17), deposited the seized property in the Malkhana and obtained acknowledgment thereof (Ex.P10). He informed the superior officer about the whole action taken. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charge against her.

(3.) To bring home the offence, the prosecution examined as many as 8 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which she denied the guilt, pleaded innocence and false implication. 1 witness has been examined in her defence.