ZOHRA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 16.3.1995 convicting the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short `the Act') and sentencing her to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000.00 or in default to suffer further rigorous imprisonment for one year.

(2.) Briefly stated, the prosecution case is that on 5.9.1991, a police party led by Inspector Rajeshwar Kumar (Public Witness -7), upon information received, apprehended the appellant near the Tomb of a Muslim Saint outside Sanjay Amar Colony. She was given the option of being searched before a Gazetted Officer or a Magistrate. The appellant declined the offer. She was then searched in the presence of Dost Modh (Public Witness -4), Constable Jagvir Singh (Public Witness -5), Constable Babu Lal (Public Witness -6) and 560 grams of charas was seized from her rexine bag vide Seizure Memo (Ex.PW-2/C). The appellant was charged with an offence punishable under Section 20 of the Act and tried.

(3.) The appellant abjured her guilt and alleged that a false case has been foisted on her. The learned Addl. Sessions Judge, on an assessment of the evidence adduced by the prosecution, accepted the prosecution case and convicted and sentenced the appellant as indicated above.