SHAKUNTLA RAO Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 17.12.1996 passed by Sessions Judge, Raipur, in Special Criminal Case No. 3/1995 convicting the accused/appellant u/s 20 of the NDPS Act and sentencing her to undergo rigorous imprisonment for six months. Facts of the case in brief are that on 8.12.1994 when Krishna Bihari Dwivedi - in-charge of Crime Squad, Raipur was on patrolling duty, a secrete information was received by him that someone was selling ganja. When house of the accused/appellant was searched, 4.500 Kg. of ganja was found contained in a tin box. Seizure of ganja was made vide Ex. P-2 and the entire contraband is alleged to have been sent for chemical examination on 21.12.1994 vide Ex. P-4 through Lakhan Singh (PW-2). FIR (Ex. P-6) was registered on 8.12.1994 itself and then after receiving the FSL report Ex. P-10 on 24.12.1994, challan was filed on 10.1.1995 for the said offence.

(2.) In support of its case, prosecution has examined 04 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which she denied the charge levelled against her and pleaded her innocence and false implication in the case.

(3.) After hearing the parties, the Court below has convicted and sentenced the accused/appellant as mentioned in paragraph No. 1 of this judgment.