DHANSARI MAGAR Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been preferred by appellant Dhansari Magar w/o Late Lile Magar against the judgment and order of conviction and sentence dated 22.12.2014 passed by the Additional Sessions Judge, Court No.1, Maharajganj, in Special Case No.5 of 2011 (State Vs. Dhansari Magar), arising out of Case Crime No.845 of 2010, under Section 8/23 N.D.P.S. Act, Police Station-Sonauli, District Maharajganj, whereby appellant, Dhansari Magar was sentenced to ten years' rigorous imprisonment coupled with fine rupees one lakh with default stipulation to suffer additional imprisonment for one year.

(2.) Heard Sri Piyush Dubey, learned Amicus Curiae for the appellant as well as Sri Om Narayan Tripathi, learned AGA for the State and perused the record.

(3.) Facts relevant for adjudication of this appeal, as discernible from record, appear to be that the accused appellant was apprehended by the police party on 27.11.2010 by Ram Bharose Sharma, informant-Station House Officer, Police Station Sonauli, on 27.11.2010 at 4:00 p.m. when the police party led by aforesaid SHO, Sonauli was checking vehicles near Manav Sewa Sansthan, Sonauli. As per description contained in the arrest and recovery memo Exhibit Ka-3, the Station House Officer along with other police personnels, including two lady constables- Geeta Kumari and Supriya Bharti sighted one lady coming from the country Nepal side. The police became apprehensive of her and she was asked about her search and after taking precaution, she was searched by the two lady constables Geeta Kumari and Supriya Bharti, after the accused-appellant was informed that she can get her person searched in the presence of a gazetted officer or a magistrate, the accused said to them that she has full faith in them and they may carry out search, for which she is ready, thereupon, search was made and a blue coloured bag attached to her waist was recovered and 13 packets of 'charas' were found inside the bag.