PARBHAWATI @ KHURSIDA KHATUN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Parbhawati @ Khursida Khatun (A-1), Anita (A-2) and Shanti (A-3) challenge their conviction by a judgment dated 08.02.2007 of learned Additional Sessions Judge in Sessions Case No.88/2006 arising out of FIR No.409/2003 registered at Police Station Lahori Gate under Section 20 NDPS Act. By an order dated 20.02.2007 they were sentenced to undergo RI for 14 years with fine Rs. 1 lac each and in default of payment of fine, they were directed to further undergo SI for one year each.

(2.) Allegations against A-1 to A-3 were that on 20.11.2003 at 01.05 P.M. at Peeli Kothi in front of Police Booth, Peeli Kothi, Delhi, they were found in possession of 3236 gram, 2884 gram and 3062 gram of charas respectively when they were travelling in a TSR bearing No.DL1RF 1300 with two children. After completion of investigation a charge-sheet was submitted against them for committing offences under Section 20 NDPS Act. The prosecution examined 11 witnesses. In their 313 statements, the appellants pleaded false implication. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment held all of them guilty for the offence mentioned previously and sentenced them. Being aggrieved, they have preferred the appeal.

(3.) During the course of arguments, Prabhawati @ Khurshida Khatoon (A-1) appeared before the court in person. Anita (A-2) and Shanti (A-3) were produced from jail pursuant to the issuance of production warrants. Ms.Saahila Lamba, Advocate from Legal Aid Cell, appeared on their behalf. She, on instructions from the appellants, stated at Bar that the appellants have opted not to challenge the findings of the Trial Court on conviction under Section 20 NDPS Act. She, however, prayed to take lenient view and to modify the sentence order as they have already remained in custody for more than nine years and are unable to pay fine due to poverty. Learned Additional Public Prosecutor has no objection to consider the mitigating circumstances for modification of the sentence order.