KIRAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order on sentence dated 04.4.2013 wherein the appellant had been convicted under Section 21(C) of the Narcotic and Psychotropic Substances Act, 1985 (NDPS Act) and had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 1,00,000/ - in default of payment of fine to undergo SI for 6 months. Benefit of Section 428 of the Cr.P.C. had been granted to the appellant. The nominal roll of the appellant has been requisitioned. This reflects that, as on date he has undergone incarceration of 2 years 7 months and 28 days.

(2.) VERSION of the prosecution is that pursuant to a secret information that a lady by the name of Kiran who used to sell smack was to bring smack from one lady named Rama through street no.4, Bagichi Allaudin between 8.15 a.m. to 9.15 a.m. on 16.11.2011 a raiding party was constituted. ASI Devinder Singh (PW -8) along with Head Constable Charan Singh (PW -7) and Lady Constable Janita Meena (PW -9) reached the spot. On the pointing out by the secret informer the appellant was apprehended. The raiding party introduced themselves to the appellant. She was informed that she was required to be searched as the raiding party suspected her to be carrying contraband. Prior to that a notice under Section 50 of the NDPS Act (PW -7/A) was served upon the appellant. She was informed that she has a legal right to get her search conducted either before a Gazetted Officer or before a Magistrate. She declined this option. On her search 270 grams of smack was found from her possession. It was weighed. The contraband when tested with a field testing kit tested positive for smack. Out of the 270 grams, two samples of 5 grams each were drawn. The samples as also the remaining contraband were seized and sealed with the seal impression of DS; FSL form was also prepared at the spot. After the use of the seal, the same was handed over to PW -9. The case property, the samples and FSL form were deposited in the Malkhana through Inspector Vivek Pathak (PW -3). The MHCM Head Constable, Jag Narain was examined as PW -1. After depositing the contraband and the samples in the Malkhana, the sample parcel had been sent to FSL on 24.11.2011 vide road certificate no.547/21 through Head Constable Jagdish Ram (PW -5). The FSL vide its report Ex.PX had tested the drawn samples positive for smack.

(3.) ON the basis of the aforenoted evidence collected by the prosecution, while rejecting the evidence of the defense, the conviction of the appellant stood founded and she was sentenced as aforenoted.