TILISARA RAI MAGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment and order dated 3/4/2017 passed by the Additional Sessions Judge (Fast Track Court No. 1) in Special Sessions Trial No. 33 of 2013, State of Uttar Pradesh vs Tilisara Rai Magar arising out of case crime No. 634 of 2013 , police station - Sonoli, District Maharajganj whereby the accused appellant Tilisara Rai Magar has been convicted and awarded punishment under section 8 / 23 of NDPS Act (to be referred in short as Act here onwards) of 10 years rigorous imprisonment, fine of Rs. 1 lakh and in default of payment of fine additional imprisonment of 6 months.

(2.) The facts in brief of this case are as follows.

(3.) On 18/8/2013 Sub Inspector Rajkumar (PW 1) along with Constable Prabhu Dayal, Constable Ramesh Kumar, lady Constable Anita Dhruve, lady Constable Anuradha Singh (PW 3), and lady Constable Anuja were busy in search of people coming from Nepal as usual. Right then, one lady was seen coming on foot, who was stopped by lady Constable Anita Dhruve and was taken inside an enclosure made by a screen. On being enquired as to what she had hidden beneath her clothes, she stated her name to be Tilisara Rai alias Maya and told that she was carrying packets of charas in a Thaili tied to her body beneath her clothes. She was asked whether she would like to give her search before the Gazetted Officer or a Magistrate or would she like to be searched by a lady Constable of the police party. To this offer, she responded by saying that since she had been caught by them, the police party could take her search. Thereafter, she got the Thaili which was tied to her body, untied by Anita Dhruve, in which there were 6 packets of Nepali charas in rectangular shape and 12 packets of flat oval-shaped charas and all these packets were packed in almond coloured polythene. All these packets were weighed by bringing a balance (electrical weighing machine) from the shop of Ashok and the same was found to weigh 5 KG and 120 grams. After taking out the small quantity of charas from each packet, sample was taken. Signatures of two independent witnesses were also obtained. The arrested lady accused, the recovered Nepali charas, recovery memo, sample seal and sample of charas, all were handed over at P.S. for further action under section 8 / 23 of the Act. On the basis of said recovery memo case crime No. 634 of 2013 under section 8 / 23 of the Act was registered on 18/8/2013 at 16:10 hours , chick F.I.R. (Exhibit Ka 3 ) of which was prepared by Head Constable Ramanuja Yadav (PW 2) and its entry was also made by him in general diary (Exhibit Ka 4) at report No. 24, time 7.40 hours and the investigation was started by ASI Ram pal (PW 4) who prepared site plan (Exhibit Ka 5) at the instance of the first informant, took into consideration the report of Forensic Science Lab (Exhibit Ka 6) and after recording statements of all the witnesses filed charge sheet (Exhibit Ka 7).