PADMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present is a jail appeal preferred by the appellant assailing the judgment of conviction and order of sentence dated 5.10.2009 passed by the Special Judge, N.D.P.S. Act, Jagdalpur, in Special N.D.P.S. Case No. 19/2008.

(2.) Vide the impugned judgment, the learned Court below has convicted the Appellant for the offence punishable under Section 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced her to undergo R.I. for 5 years with fine of Rs.5000/- and in case of default of payment of fine amount, she was further ordered to undergo additional R.I. for six months.

(3.) Case of the prosecution in brief is that on 23.4.2008 a secret information was received at Police Station- Nagarnar in respect of a person transporting Ganja at bus-stand Ulnar Chowk under Police Station- Nagarnar, District Jagdalpur. Immediately thereafter the police authorities at Police Station- Nagarnar initiated proceedings under the provisions of the N.D.P.S. Act and as per the mandatory requirements, registered the case in their Rojnamcha Sanha and also sent a Constable No.342, Lambodar, to the office of the City Superintendent of Police giving intimation and for permission to proceed and also search without a warrant. Subsequently, the police team went to the Ulnar Chowk bus-stand where they found the appellant to be carrying something suspicious in a white jute bag and after due compliance of the mandatory provisions of the N.D.P.S. Act, the appellant was searched where she was found carrying 5 kilogram of Ganja in a polythene bag which was kept in a white jute bag that she had. Immediately thereafter, further proceedings under the provisions of the N.D.P.S. Act was initiated and the case was registered against the appellant and the matter was put to trial before the Special Judge, N.D.P.S. Act, Jagdalpur where the case was registered as Special N.D.P.S. Case No. 19/2008.