KSUM KESI Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been preferred by jail inmate Smt. Kusum Kesi against the judgment and order dated 11.11.2008 passed by Additional Sessions Judge/Fast Track Court No.-1, Bahraich convicting and sentencing her ten years rigorous imprisonment under Section 8/20 N.D.P.S. Act and a fine of Rs.1 lakh and in default of payment of fine, she will have to undergo simple imprisonment for two years in addition.

(2.) Brief facts giving rise to this appeal are that on 09.04.2007 Sub-Inspector, Sri G.D. Mehar Das, Seema Suraksha Bal of Company Murtiha, Bahraich lodged a written report Ext. Ka-1 at police station-Murtiha, District Bahraich disclosing that on 09.04.2007 at about 15:30 hours a horse cart (Tanga) came from the side of Nepal; that the said horse cart (Tanga) was intercepted by Lance Nayak (L.N) Jivan Kumar, who was on duty; that a Nepali lady was seated in the horse-cart (Tanga) holding five litres plastic container in her hand; that after thorough examination, container was found to be without base; that after checking, an item in the shape of bread and tablets were found inside it. The said lady informed that it is charas and she is bringing it from Nepal but she did not disclose as to where from she is carrying charas; that she introduced herself as Kusum Kesi, w/o late Gopal Kesi of Nepal; that the said charas was weighed on the spot and was found to be 2.250 kg; that the seizure memo was prepared at the spot and apprehension memo of the lady was also prepared; that the recovered articles and the accused were handed over to police of police station Kotwali Murtiha, District-Bahraich and first information report was lodged. Apprehension memo is Ext. Ka-2 and Seizure Memo is Ext. Ka-3 and Seizure of Narcotics Course is Ext. Ka-4. Police took the articles recovered from her possession and prepared specific seal and entire articles were sealed and recovery memo was prepared which is Ext. Ka-5. The F.I.R. was registered at police station concerned on 10.04.2007 at about 1:30 a.m. and case was registered as Case Crime No.99 of 2007 under Section 8/20 of N.D.P.S. Act. The first information report is Ext. Ka-8 and G.D. is Ext. Ka-9. The Inspector In-Charge, Sri Ram Lakhan Saroj investigated the matter and prepared the site plan (Ext. Ka-6) and sent the seized articles to Forensic Science Laboratory, Lucknow. The Forensic Science Report is Ext. 12-A which shows the positive report and it was adjudged as charas and charge-sheet has been submitted under section 8/20 of N.D.P.S. Act.

(3.) The appellant denied the charges levelled against her and claimed to be tried. S.I. G.D. Mehar Das (PW-1) of S.S.B Company Murtiha, Bahraich, Head Constable Karnail Chand (PW-2) SSB-06 Batalion, Murtiha, Lance Layak Jivan Kumar(PW-3) S.S.B, Murtiha and S.I. Sri Ram Lakhan Saroj, Investigating Officer (PW-4) and Constable Raj Kumar Yadav (PW-5) were examined before the Court and all the memos were presented before the Court which were exhibited.