SELVI SELVARANI Vs. ASSTT COMMISSIONER OF POLICE

JUDGEMENT

(1.) Selvi Selvarani, the appellant herein, was convicted for the offence under Section 8(c) read with Section 21, N.D.P.S. Act and sentenced to undergo Rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- and in default, to undergo Simple Imprisonment for one year. Challenging the said conviction and sentence, the appellant has filed this appeal.

(2.) The facts leading to the conviction could be summarised as follows: On the basis of the information that the appellant Selvi Selvarani was indulged in selling heroin in Anna Nagar area, P.W. 5 Assistant Commissioner of Police directed P.W. 1 Sub-Inspector of Police to go to the spot and take further action. On receipt of the order, P.W. 1 Sub Inspector of Police accompanied with P.W. 2 woman constable went to the spot and conducted a raid at about 8.00 p.m. on 19/2/1992. When they were standing near Anna Nagar 18th Street Junction, they saw the appellant moving in a suspicious manner and when they interrogated her, the appellant was about to run away from the place and thereafter, she was caught. When she was informed that she would be searched in the presence of the Assistant Commissioner of Police, she was willing to come with them. Accordingly, she was taken and produced before P.W. 5 Assistant Commissioner of Police. When she was produced before P.W. 5 Assistant Commissioner of Police, a search was conducted on her by P.W. 2 woman constable and 36 small paper packets of heroin weighing about 6.089 grams were found in a rexine bag which was kept in her jacket and the same was recovered. As per the direction of P.W. 5 case was registered by P.W. 4 Inspector of Police. When the contraband and the accused were produced before the court concerned, the contraband was sent for analysis and the appellant herein was remanded to judicial custody. P.W. 3 analyst after analysis sent a report Ex. P3 stating that the contraband was Dy-acetyle morphine which is heroin. After the completion of investigation, the charge sheet was filed against the appellant for offence under Section 8(c) read with Section 21 of the N.D.P.S. Act.

(3.) During the course of trial, P.Ws. 1 to 6 were examined. Exs. P1 to PS were marked. On the side of the defence, D.W. 1 was examined. When the appellant was questioned under Section 313, Cr. P.C. she stated that she was innocent and a false case had been foisted against her.