LAWS(MAD)-1996-3-61

DEEPA GHOSH Vs. STATE

Decided On March 18, 1996
DEEPA GHOSH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment in Sessions Case No. 49 of 1989 on the file of IXth Additional Sessions Judge, Madras, convicting the appellant/accused No. 1 for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentencing her to undergo R.I. for 10 years and to pay a fine of Rs. 1 lakh in default to undergo R.I. for two years.

(2.) Originally there were two accused in this case. The appellant is A.1, A.2 her husband. A.2 was charged along with the appellant/A1 besides the offences under Sec. 8 read with S. 21 of the Act, for the offence under Section 29 of the Act for having committed criminal conspiracy along with A.1. However, A2 Mohammed Ameen was acquitted by the trial Court on the ground that there was no sufficient evidence to establish that A2 had involved in the offence referred to above.

(3.) The charge against A.1/appellant Deepa Ghosh is that on 7-9-1988 at about 7.30 a.m. at Saidapet, Madras-600015 near bus route No. 19 stopping, she was found in possession of a Narcotic Drug, Brown Sugar, commonly known as heroin, weighing about 250 grams, in contravention of the provisions of Section 8 of the Act and thereby she committed an offence punishable under Section 21 of the Act.