KAMLESH@BABY Vs. THE STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 18th April, 2001 convicting the appellant finding her guilty under Sections 21/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985) and order on sentence dated 19th April, 2001 vide which the sentence was passed to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- for the offence punishable under Section 21 of the NDPS Act, in default of payment of fine, convict was to suffer further simple imprisonment for three years.

(2.) The facts in brief are that a secret information was received on the basis of which the police of Narcotic Branch, on 13th November, 1999 at about 12.15 p.m., apprehended the appellant Kamlesh@Babby from Nala while coming from Pankha Road side. Notice under Section 50 of the NDPS Act, 1985 was issued but the accused refused to exercise the said option and then SI offered search by lady Cont.Kanta. However, the accused refused to be searched by the lady Constable Kanta. On search, 50 gram of smack was alleged to have been recovered from her possession. Out of 50 gram smack recovered, two samples of five grams each were separated and were marked as 'A' & 'B' and remaining smack was kept in the same polythene from which the same was recovered and marked as 'C'. It appears from the record that the sample parcels and remaining smack were converted into three different parcels and form FSL was filled. All the parcels and FSL form were thereafter sealed with the seal of ASY. A seizure memo was prepared in this regard; FIR No.26/1999 was registered by Police Station Narcotics, Kamla Market, Delhi and the appellant was arrested. It emerges from the record that charge under Section 21 of the NDPS Act was framed against the accused to which she pleaded not guilty and claimed trial.

(3.) The prosecution had examined as many as nine prosecution witnesses namely PW 1 Mrs.Kamlesh Miglani; PW 2 Cont.Luder Mani; PW 3 Cont. Satbir Singh;; PW 4 Cont.Ajit Singh;; PW 5 HC Bijender Singh; PW 6 SI Dasrath Singh; PW 7 Lady Cont.Kanta; PW 8 HC Bharat Singh; PW 9 Inspt.Sahib Ram & PW 10 HC Nar Singh Inspt.Mahesh Sharma & PW 9 Cont.Sumer Singh; PW 10 HC Nar Singh & PW 11 SI Attar Singh. The statement of the accused Kamlesh@Babby was recorded under Section 313 of the Cr.P.C.