KUSUM@ KUSMI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 04.5.2006 and 06.5.2006 respectively wherein the appellant Kusum had been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for having been found in unlawful possession of 12 kilograms of Poppy Straw. She had been sentenced to undergo RI for a period of 4 years and to pay a fine of Rs.20,000/-, in default, to undergo SI for 6 months.

(2.) The version of the prosecution is that SI Nalin Verma (PW-10) received a secret information that a lady would be selling "Chura Post" (Opiate Powder) at Majnu Ka Tila, New Delhi. PW-10 informed the SHO, Inspector Surinder Kumar Sand (PW-4) as also the ACP of PS Civil Lines about this information. This information was recorded in a DD. Copy of this DD was handed over to Constable Balbir (PW-5) who was directed to take this information to the residence of the ACP and deliver it to him. PW-10 along with Head Constable Sushil Kumar (PW-9) reached the spot. Passersby were asked to join the raiding party; none agreed. At about 8.35 p.m. SHO Inspector Surinder Kumar (PW-4) along with woman Head Constable Veena (PW-7) reached the spot. At about 08:45 PM, a lady was seen carrying a plastic bag coming from bus stand from the side of Punjabi Basti, going towards Majnu Ka Tila. At the pointing out of the secret informer the lady was stopped. She disclosed her name as Kusum @ Kusmi. PW-10 introduced himself and informed her that she was suspected to be in possession of "Chura Post". Her search was conducted. She was informed that search of the members of the raiding party could be carried out in her presence. She was also informed about her legal right to get her own search conducted before a Magistrate or Gazetted Officer. Notice under Section 50 of the NDPS Act (Ex.PW-10/A) was served upon her. She answered in writing on the same document that she did not wish to be searched before a Gazetted Officer or Magistrate. From the plastic bag which she was carrying in her hand, "Chura Post" was recovered which was weighed on the weighing scale and measured to be 12 kg. One sample of 1 kg was prepared. The remaining "Chura Post" was put back into the parcel. The contraband was seized and thereafter sealed, and the seal of NV was fixed. The FSL Form was filled in. The seal after use was handed over to H.C. Sushil Kumar. The rukka (Ex.PW-10/B) was dispatched through H.C. Sushil Kumar and the FIR was registered. The case property was deposited in the Malkhana with H.C. Satender Singh (PW-1) and entry at serial No.304 in Register 19 in the Malkhana was made and proved as Ex.PW-1/A. On 15.7.2003 this sealed parcel, along with CFSL Form, was handed over to Constable Jitender Kumar (PW-6) who deposited it in FSL Malviya Nagar which vide its report Ex.PX had tested the sample contraband and found it positive for the main constituents of Poppy Plant.

(3.) Ten witnesses were examined on behalf of the prosecution. In view of the oral and documentary evidence adduced by the prosecution, the appellant was convicted and sentenced as noted supra. In her statement recorded under Section 313 of the Cr.PC, the appellant had stated that the case against her was false and fabricated, and that she was innocent. She did not lead any defence evidence.