BABLI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence, passed by the learned Special Judge (N.D.P.S. Act), Ambikapur, District Sarguja (C.G.) in Special Criminal Case No.15/2013 on 18.02.2015 convicting the appellant for the offence under Section 21 (B) of N.D.P.S. Act and sentencing her to under go R.I. for 10 years along with fine of Rs. 50,000/- and in default of payment of fine, the appellant is required to further under go R.I. for 1 year separately.

(2.) Facts of the case in brief is this that on 26.04.2013 at about 11.45 AM, A.S.I., Nirbhay Singh Rajput (P.W.-9) received confidential information that the appellant is dealing with contraband brown sugar. As he had no time to obtain search warrant, hence, after sending requisite information to the superior authority, he immediately proceeded to the spot with a team. On arriving on the spot, notice under Section 50 of the N.D.P.S. Act Ex.P.-21 was served upon the appellant and on her giving consent, she was searched by the woman constable Dolly Dos (P.W.-2) and in that search, a packet was found concealed in the clothes of the appellant. On opening the packet, the material present in it was identified as brown sugar, narcotics substance. After the procedure of weighment, sample seizure etc., FIR was lodged and after completion of investigation, charge-sheet has been filed before the concerned trial Court.

(3.) Appellant was charged with offence under Section 21 (B) of N.D.P.S. Act, 1985. The appellant denied the charges and prayed for trial. The prosecution examined as many as 9 witnesses on its behalf. On examining the appellant under Section 313, she denied all the incriminating evidence against her and pleaded innocence and false implication. No witness was examined in defence. On completion of trial, judgment has been delivered, in which the appellant stands convicted and sentenced as mentioned aforesaid.