LILAWATI Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant criminal appeal challenge has been made to the validity and authenticity of the judgment and order of conviction dated 23.5.2012 passed by the Court of Additional Session Judge, Court No.2, Siddharth Nagar in Session Trial No. 13 of 2011 State versus Smt Lilawati wife of Late Jang Bahadur Chand, Village-Devnagar, Gram Panchayat-Butwal, District-Rupan Dehi, Nepal arising out of Case Crime No.133 of 2011 under Section 8/20 N.D.P.S. Act, Police Station-Dhebruwa, District Siddharth Nagar, whereby, the appellant was sentenced to ten years rigorous imprisonment coupled with fine Rs. 1 lakh with default stipulation to suffer additional rigorous imprisonment for one year.

(2.) Facts relevant for adjudication of this appeal appear to be that the accused-appellant Smt Lilawati was apprehended by the police party led by S.S.B. IInd Batalion (C) Company, Badhni, District - Siddharth Nagar on 19.20111 at about 2:30 pm and on search being made of the person of the accused Lilawati, 'nepali charas' was recovered from her possession which was kept in a white cloth. Balancing equipment was arranged and the recovered contraband/substance was weighed whereupon it weighed 4 kilo 750 grams. On being asked about the authority to keep the substance in possession, she apologized and stated that the charas was intended to be sold in Balrampur, District of Uttar Pradesh. All the formalities were undertaken and the accused was taken into custody around 2:30 pm. The arresting and seizure memo was prepared on the spot by the Sub-Inspector Imanuwal Singh.

(3.) Perusal of the arresting and seizure memo reveals that the accused was offered choice to be searched before a gazetted officer or a magistrate but she declined the offer and expressed her faith in the police party for search being carried out by them. She was searched by the lady constables and the recovery of the substance was effected.