PREMA SHAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant is assailing the judgment and order dated 27th February, 2008 passed by Sessions Judge, Bageshwar, in Sessions Trial No. 15 of 2007, whereby the learned Sessions Judge has found the appellant guilty for commission of an offence punishable under Section 20(b)(ii)(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") as well as for commission of an offence punishable under Section 60 of the Excise Act, and has sentenced her to undergo rigorous imprisonment for a period of 20 years and to pay fine of Rs. 2,00,000/-, failing which, to further undergo additional simple imprisonment for six months, for the offence punishable under Section 20(b)(ii)(C) of the Act; and has sentenced the appellant to pay fine of Rs. 10,000/-, failing which, to undergo two months' simple imprisonment for the offence punishable under Section 60 of the Excise Act.

(2.) Brief facts inter alia are that S.S.I. Diwan Singh Bisht (PW1), along with Constable Subhash Chandra (PW2) and other police personnel, left the Police Station on 29th April, 2007 at about 06:05 p.m. for patrolling purpose. The moment patrolling party reached near Jhulapul Tiraha, they saw the appellant coming from the other side carrying one bag on her head. Police party signaled her to stop, however, she turned towards the narrow lane and started walking fast. However, she was stopped and was asked that, as the police personnel have suspicion on her, they want to check the bag being carried by her and, therefore, if she wants, she may be checked in the presence of City Magistrate or any other gazetted officer. To this, she replied that she has no objection in being searched by the police personnel. Therefore, PW1 called lady constables from the Police Station by phone. Sunita Rani (PW6), a female constable, and another female constable, namely, Geeta Rawat, reached on the spot and the search was conducted. The bag, being carried by the appellant, was opened, wherefrom, 20 quarters of country-made liquor and about 6 kilograms of charas, contained in four different bags, were recovered. All the recovered items were kept in a sealed cover, after taking samples of 50-50 grams from each of the four bags containing the charas and, thereafter, appellant was taken to the Police Station and a chick First Information Report (Ex. Ka. 12) was registered. The contraband, so recovered, was kept in the Maal Khana after having obtained the counterseal of the Station House Officer. Having investigated the matter, a charge-sheet was submitted against the appellant for an offence punishable under Section 8 / 20 of the NDPS Act and Section 60 of the Excise Act.

(3.) From the side of the prosecution, seven prosecution witnesses were examined and forensic examination report was submitted to say that the samples, taken from the contraband, were found to be charas. Having considered the entire material made available on the record, the learned Sessions Judge has passed the judgment and order under appeal.