PARVATI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 10.04.2003 passed by Special Judge (NDPS Act), Bastar at Jagdalpur (C.G.) in Special Case No. 58/2002, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 3 years and fine of Rs. 6000/- with further default stipulations.

(2.) As per case of the prosecution, on 28.10.2002 at about 2:50 p.m., Sub-Inspector of Police Station- Nagarnar namely Alim Khan (PW-5) received information that one lady holding a nylon bag is standing near road of Village- Malgaon in which she carried ganja for sale. After receiving the information, the same was transmitted to Deputy Superintendent of Police, Jagdalpur through Constable No. 25 namely Gajadhar Pandey, thereafter, he proceeded with staff for further investigation. The said officer found the appellant and searched her bag in which 5 kg. and 100 grams of ganja was found which was seized and kept in safe custody of Malkhana. Sample of the same was sent for chemical examination to Forensic Science Laboratory where test of ganja was found positive. The appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-