SMT. VIMLA GATRI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal has been filed through concerned Jail Superintendent by the convicted appellant Smt. Vimla Gatri against the judgment and order dated 24.1.2015 passed by the Additional Sessions Judge, Court No. 1, Maharajganj in Special Case No. 4 of 2011 (State v. Vimla Gatri) whereby the appellant has been convicted and sentenced for the offence under Section 8/23 of the N.D.P.S. Act with ten years rigorous imprisonment and fine of Rs. 1 lakh. and in default of payment of fine, to undergo one year additional imprisonment.

(2.) Heard Sri Amit Kumar Srivastava, learned Amicus Curiae for the appellant and learned A.G.A. representing the State. Perused the record.

(3.) A brief description of the relevant facts is that on 28.11.2010, Station House officer of Police Station Sonauli, district Maharajganj Sri R.V. Sharma (the first informant), along with Con. Alok Rai, Con. Ram Tapasya, S.I. Kamlesh Mishra and two lady constables Supriya Bharti and Geeta Kumari was patrolling on the Indo-Nepal border on a government Jeep driven by driver Charanjeet Singh. When the aforesaid police team was busy in checking the persons and the vehicles crossing the border of India-Nepal, at about 2.00 P.M., they saw a lady (the appellant) crossing the Nepal border. On being inquired by the lady constables, she told her name as Vimla Gatri, resident of Kapilvastu, Nepal. Before taking her search, she was asked whether she intends to be searched before a Gazetted officer or by the lady constables, she opted for her search by lady constables. Thereupon, the woman was taken inside a temporary plastic cabin and the lady constables conducted her search. On search, 10 packets of Charas kept in polythene bags were found tied on her waist by means of a piece of black cloth. The Con. Alok Rai brought a weighing scale and when the recovered Charas was weighed, it was found to be 5 kgs. On being inquired, the accused/appellant informed that a Nepali lady Sheela had instructed her to deliver this Charas at Sonauli. Sheela had promised her to pay Rs. 5000/- in Nepali currency as a consideration for this work. As advance she had paid Rs. 500/- in Indian currency. Stating this, the appellant took out a Rs. 500/- note and gave it to the police. She was taken into custody and arrest memo was prepared. Out of the total recovered Charas, 100 gms. charas was taken out as a sample and sealed in a piece of cloth. The remaining Charas was sealed in the same black cloth by which the accused had tied it on her waist. The higher officers were informed through Police Chowki Delaiya about the seizure and about the arrest of accused. The members of public were asked to be witness but they did not agree. The signatures of members of police team and of the accused were taken on the seizure memo and a copy was given to the accused. The sample of the Charas was sent for chemical examination to Vidhi Vigyan Prayogshala, Ramnagar, Varanasi, where after chemical examination, the sample was found to be of "Charas".