SMT. REKHA DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 2.2.2015 passed by the learned Special Judge (NDPS) Act, Ambikapur, District- Surguja, Ambikapur, Chhattisgarh in Special Criminal Case No.17/2013 convicting the accused/appellant under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ' NDPS Act ') and sentencing him to undergo RI for 10 years with fine of Rs.1,00,000/- plus default stipulation.

(2.) The prosecution case, in brief, is this that on 25.4.2013 SI Sanjeev Bairagi PW-6 received secret information that appellant is engaged in the business of selling brown sugar and she is waiting for customers. As there was no time to obtain search warrant, he recorded Panchnamas of ExP-1 & ExP-2 and thereafter immediately sent the information to the office of CSP. After summoning the witnesses, he raided the spot with a team of other police officers. The appellant was found on the spot, a notice under Section 50 of NDPS Act was served upon her. The appellant gave consent to be searched by a woman constable which was noted and signed by her in ExP-20 and Panchnama ExP-4.

(3.) After the search of members of the raiding party, the appellant was searched by lady constable Dolly Das PW-8 and she found a polythene packet concealed in the sari. Search Panchnama ExP-8 was recorded and the contraband was identified as brown sugar vide ExP-10. On weighment of brown sugar vide Ex.P-12, it was found to be about 10 gm. Thereafter the seizure was made vide ExP-13 and the appellant was arrested on the spot. Thereafter Sanjeev Bairagi PW-6 lodged FIR (ExP-22).