GEETA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal has been brought against order of the Additional Sessions Judge dated 26/11/1988 by which he convicted the appellant for an offence punishable under Section 21, N.D.P.S. Act and the subsequent order dated 30/11/1988 by which he sentenced her to undergo rigorous imprisonment for 10 years and to pay a fine of rupees one lac and in default, further undergo rigorous imprisonment for 2 years.

(2.) . According to the prosecution case S.I. O.P. Chauhan, PW-6 then posted in Police Station Delhi Cantt. on 22/5/1986 was petrolling the area accompanied by Constables Paras Ram and Mahabir Singh and had reached near railway gate of Brahmpun and while proceeding to Raghunagar at about 4.30 P.M. he received secret information that one woman was present near the drain of Sitapuri having heroin with her. He constituted the raiding party comprising of his two constables and allegedly requested 5 or 6 passers by to join the raiding party who expressed their inability and had gone away without disclosing their names and addresses and one Deena Nath, PW-5 joined in the raiding party.

(3.) . On the pointing out of the secret informer the appellant was apprehended and she was found carrying in her right hand a yellow colour small 'theli' and it was found to contain 15 small paper packets and each packet was found to contain heroin. It was weighed and found to be 3 grams and then the appellant was given choice to get herself searched in the presence of any gazetted officer but she declined the option and after separating were gram, of heroin as sample, the sample as well as the remaining heroin one sealed in the separate parcels and were sealed with the seals of the I.O. and the seal was handed over to the public witness, and the case was got registered.