ANITA @ RUBY Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 24.07.2013 of learned Special Judge (NDPS) / Addl. Sessions Judge (North -East) in Sessions Case No. 03/12 arising out of FIR No.232/11 PS Crime Branch whereby the appellant ­ Anita @ Ruby was held guilty for committing offence punishable under Section 21 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'NDPS Act'). By an order dated 27.07.2013, she was sentenced to undergo RI for ten years with fine Rs.1 lac.

(2.) Briefly stated, the prosecution case as unfolded in the charge - sheet was that on 13.09.2011 at about 03.20 p.m. at footpath, ISBT road Shastri Park near IT Park, the appellant was found in possession of 1 k.g. of heroin without licence or permit.

(3.) On 13.09.2011 at around 01.30 p.m. PW -2 (HC Kanwar Pal) received a secret information that the appellant would come at ISBT road near IT Park, Shashtri Park to supply heroin to 'someone'. HC Kanwar Pal produced the secret informer before PW -9 (SI Sunil Kumar) who in turn produced him before PW -5 (Insp.Rajesh Sharma). After recording satisfaction about the secret information, Insp.Rajesh Sharma intimated about this to Addl. DCP/ SIT Joy Tirky. Direction was given to conduct the raid. SI Sunil Kumar recorded DD No.9 (Ex.PW -4/B). A raiding team was constituted and they all reached the spot at about 03.20 p.m. On the pointing out of the secret informer, the appellant was apprehended. She was informed of her legal rights. Notice under Section 50 NDPS Act was served upon her. On search of a bag of violet / golden colour on her left shoulder, it was found containing a transparent polythene bag containing 1 k.g. heroin. SI Sunil Kumar took out two samples of 5 grams each. He also prepared FSL form and seizure memos. Investigation was subsequently taken over by PW -10 (ASI Harcharan Singh). Statements of the witnesses conversant with the facts were recorded. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge -sheet was filed for commission of offence under Section 21 (c) of NDPS Act. In order to establish its case, the prosecution examined ten witnesses. In 313 Cr.P.C. statement, the appellant denied her involvement in the crime and pleaded false implication. The trial resulted in her conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been filed.