SMT. AMRITA CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal was heard with Criminal Appeal No. 4192 of 0215 and criminal appeal No. 4193 of 2015 as the judgement and order dated 28.2.2015 passed by the Additional Sessions Judge/F.T.C., Siddhartha Nagar in Special Session Trial No. 16 of 2011 (State Vs. Amrita Chaudhary), Special Session Trial No. 17 (State Vs. Smt. Kuliya) and Special Session Trial No. 18 (State Vs. Smt. Rajkumari) was common to all the sessions trial.

(2.) Briefly stated the facts of the case are that on 13.3.2011 Sub-inspector Sri Ram Samujh Prabhakar, in charge, Badni, Police Station-Debarua and Sub-inspector Bhupal Singh, Head Constable-Santram Sharma, Constable-Laxman Rao, Constable-Sujeet Koibattra, lady Constables-Km. Seema, Neetu Nadar, Neela Yadav and Vijya Yadav along with a team of Special Security Branch (S.S.B.) of District Siddhartha Nagar were checking doubtful persons on the "no man's land" at Chatti Bazar, Kasba-Badni. When they felt that three women were trying to escape checking, they requested them to stop. Instead of stopping the three women tried to escape but they were somehow apprehended. Upon being asked, they told that their names were Amrita Chaudhari, Kuliya and Raj Kumari and they also admitted that they were fleeing as they had contraband charas with them. They were informed about their right to get themselves searched by a Magistrate or a Gazetted Officer. However, they declined the offer and requested a search by the police team itself. They gave their consent to be searched and, thereafter, the male police after searching each other and the female police after searching each other, when were sure that none of them had any objectionable article, searched the three suspects. From the waist of Amrita Chaudhary ten packets of charas wrapped in a brown tape were found. From the waist of Kuliya, ten packets charas again wrapped in a brown tape were found and from the waist of Raj Kumari only 8 packets of charas wrapped in a brown tape were found. The necessity of weighing the contraband arose and therefore constable Santram Sharma was asked to get an electronic weighing machine and it was found that the charas from the possession of Amrita Chaudhary was weighing 5.026 kilograms, the charas from Kuliya was weighing 5.020 kilograms and the charas from the possession of Raj Kumari weighed 4.016 kilograms. They were not having any licence to carry the contraband and, therefore, they were arrested at around 2:10 pm for offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act). They were taken into police custody. From the packets, which were found from the three women, 10 grams were taken out from each packet separately. The confiscated contraband was kept in a separate white cloth and the sample was kept in a different white cloth and they were sealed separately. On the spot a recovery memo was prepared and signatures of the accused were taken on them. The copies of the recovery memos were handed over to the accused. On the basis of the recovery memos, a first information report was lodged and investigation was under-taken by Sub-inspector Ram Dulare Yadav who recorded the statements of the various prosecution witnesses and also prepared the site plan. Against Amrita Chaudhary and Kuliya charge sheet was submitted under Sections 8/20 of the N.D.P.S. Act. Against Rajkumari charge sheet was submitted under Sec. 20(b)(II)(C) of the N.D.P.S. Act.

(3.) The Court on 7.6.2011 framed charges under Sec. 8/20 of the N.D.P.S. Act against the accused Amrita Chaudhary and Kuliya and on 19.9.2011 framed charges under Sec. 20(b)(II)(c) of the N.D.P.S. Act against Raj Kumari. The accused denied the charges and claimed trial.