RUKSHANA BE ALIAS DURGA Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) Being aggrieved with the judgment of conviction and order of sentence dated 9-3-2005 passed in Special Case No 19/2004 by the Special Judge (NDPS Act), Bastar at Jagdalpur, whereby the appellant was convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act) and sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to further undergo R.I. for 2 years, she has filed this criminal appeal.

(2.) The brief facts are that on an information received by the Sub-Inspector M. B. Patel (P.W.4), regarding bringing of Ganja from Orissa through a passenger Bus by a lady, he went to Dhanpunji Check Post after making relevant entries in Rosnamcha Sanha. He was accompanied by Head Constable Panchuram and constables No. 208, 210, 328 and 392. When the said Bus came over there, the lady was identified who told her name as Ruksana Bee alias Durga I [present appellant). She was carrying a jute bag in which the contraband, Ganja in quantity of 4.500 Kgs. was there. After compliance of necessary provisions of NDPS Act, it was seized in presence of. two Panch witnesses namely Shyamlal (P.W.2) and Bal Singh (P.W.3). The article was sealed and two separate packets containing 30-30 grams each were also sealed for the purpose of sampling. The accused along with the material was brought to the Police Station and a First Information Report (Ex.P. 19) was registered under Section 20(b) of the NDPS Act vide Crime No. 46/2004 on 20-3-2004. Thereafter, the seized Ganja was kept in the Malkhana for which an entry was made through Ex.P. 1(C). Further one packet of sample was sent for its chemical examination to Forensic Science Laboratory, Raipur, through memo of Superintendent of Police dated 21-3-2004 (Ex.P.25) from where a report dated 10-5-2004 (Ex.P-2) was received, according to which also, the material sent for examination was Ganja.

(3.) The accused/appellant was charged with Section 20(b)(ii)(B) of the NDPS Act, which was denied by her. After examination of the prosecution witnesses, her statement under S. 313, Cr.P.C. was recorded, in which, vide question Nos. 15, 16, 17, 33 and 34, she admitted the seizure of Ganja from her possession of quantity of 4.500 Kgs.