MAYA KAUR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Ssi Rajpal Singh of PS Kashipur, District Udham Singh Nagar, lodged a first information report against the accused-appellant Smt. Maya Kaur on 22.09.1999, at 9:30 p.m., which was registered as case crime no. 1039 of 1999, under Section 18/20 of the Narcotic Drugs and Psychotropic Substances, Act 1985. The incident allegedly took place on the selfsame date at 7:20 p.m. The distance between the place of occurrence and the police station concerned was 1 kilometer, hence there appeared to be no delay in lodging the first information report. Said FIR was lodged on the basis of recovery memo (Ext. Ka-2), wherein it was stated that 2 & 1/2 kg of poppy straw was found from the possession of the accused-appellant on 22.09.1999, at 7:20 p.m. After the investigation, a chargesheet (Ext. Ka-5) for the selfsame offence was filed against her (accused).

(2.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 18 of the N.D.P.S. Act was framed against the accused-appellant, to which she pleaded not guilty and claimed trial. PW 1 SI Kalyan Kumar, PW 2 Constable Sompal Singh and PW 3 SI Moinuddin (I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accusedappellant, in reply to which she said that nothing was recovered from her possession and she was falsely implicated in the crime. No evidence was given in defence.

(3.) Prosecution led the evidence through PW 1 and PW 2. Both of the witnesses said that on 22.02.1999, they were posted in PS Kashipur. They were busy in maintaining the law and order situation. PW 1 and PW 2 met each other in the market. Both of them reached near Munshiram Chauraha. They saw a woman coming from the other side.