PIYARI DEVI Vs. STATE O

JUDGEMENT

(1.) AJAI Kumar Singh, J. This appeal has been preferred against the judgment and order dated 6. 11. 1997 passed by Sri S. K. Ratoodi, 1st Additional District and Sessions Judge, Siddharth Nagar in S. T. No. 21 of 1997 (State of U. P. v. Piyari Devi) under sections 20 (b) (ii) and 23 of Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as "act") Police Station Dhebaruwa district Siddharth Nagar convicting the appellant under section 20 (b) (ii) of the Act and sentencing him to undergo Rigorous Imprisonment for 10 years and a fine of Rs. One lac and in default of payment of fine to undergo additional imprisonment for a period of three years.

(2.) BRIEFLY stated the prosecution case is that on 3. 2. 1997 at 20. 40 hours when S. I. Subhash Singh was on patrol duty and reached near Malgahiya barrier he saw that a woman having a bag in her hand was coming from the side of Madani. At the barrier Head constable Gorakhnath Yadav, Constable Rajendra Prasad and Constable Adalat Yadav were present. On suspicion when a check was conducted some objectionable article was found in the plastic bag being carried by the said woman. On interrogation the woman told her name as Piyari wife of Late Lakhan Pasi. S. I. Subhash Singh inquired from her about the contraband article and gave an opportunity to her for search before a Gazetted Officer but the accused Piyari Devi denied the same and voluntarily submitted herself for her search by the police party. Thereafter S. I. Subhash Singh took search of the bag of the accused and found one and half Kilogram Charas kept in it wrapped in a Gamchha. The seized contraband was taken in police custody. Investigating Officer inspected the spot and prepared a site plan Ex. Ka. 4. Out of the seized article 50 grams of charas was taken out by the Investigating Officer as Sample. This sample of contraband and the remaining contraband were separately sealed and recovery memo Ex. Ka. 1 was prepared at the spot in the light of a lantern. The recovery memo was read over to the witnesses and their signatures were obtained on it. The signature of the accused was also obtained on the recovery memo. Thereafter the seized article and the accused were taken to Police Station and on the basis of the recovery memo chick F. I. R. Ex. Ka. 2 was prepared and the entry was made in the G. D. The sample was sent to the Scientific Laboratory for chemical examination. On chemical analysis the seized contraband was found to be Charas. After close of the investigation the Investigating Officer submitted a charge sheet Ex. Ka. 6.

(3.) IN her statement under section 313 Cr. P. C. the accused/appellant has denied the entire prosecution story and has stated that she has been implicated in a false case on the basis of false documents prepared.