LAWS(ALL)-2018-3-193

DEVI SARA PUNMAGAR Vs. STATE OF U P

Decided On March 30, 2018
Devi Sara Punmagar Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This Jail Appeal is filed by Devi Sara Punmagar against the judgment and order dated 29.03.2017 passed by Additional Session Judge / Special Judge (S.C. / S.T.) at Siddharth Nagar, in Special Criminal Case No. 27 of 2012 State of U.P. vs. Devi Sara Punmagar, Crime No. 1224 of 2012, under section 8/20 N.D.P.S. Act, Police Station- Debarua, District- Siddharth Nagar.

(2.) By this impugned judgment and order dated 29.03.2017 appellant Devi Sara Punmagar is convicted under section 20 (B)(ii)(C) N.D.P.S. Act and is sentenced for the rigorous imprisonment of 10 years with the fine of Rs. 1,00,000/-. It is also provided that in default of payment of fine she will undergo the additional imprisonment for 2 years.

(3.) In nutshell the prosecution case is that the complainant S.O. Ram Aasheesh Singh Yadav, lodged the F.I.R., on Police Station- Debarua, District- Siddharth Nagar on 28.09.2012 with these facts that when he was at Gola Market in Burni town then he received the information from informer that a women carrying Charas with her, is going from Nepal to Krishna Nagar through this way. At that time S.I. Ramesh Yadav, constable Santosh Kumar, jeep driver Nirbhay Singh was also there. On this information S.O. Ram Aasheesh Singh Yadav took Inspector Krishna Kumar, Inspector Hanuman Singh, Head Constable Indra datt, G.D. Deepak Bhanja, lady constable G.D. K Devi, lady constable G.D. Mamta Madhuri, G.D. Vijaya Yadav along with them who were present on duty of Nepal border they were also informed about the information given by the informer. On this information the police party reached at Nepal border and after some time a woman was seen, informer pointed out at the woman, when that woman entered in India she was apprehended by lady constables K. Devi, Mamta Madhuri and Vijaya Yadav at about 17:30 O'clock 10 to 15 steps in side the Indian border. On being controverted, women told her name Devi Sara Punmagar wife of Kalam Bahadur resident on Shivpur, District- Kapil Vastu, Nepal and also told that she is having 2 ' Kg Charas in her petticoat, then S.O., and S.S.B., personnel took the search of each other and the lady constable also took the search of each other and no illegal substance was recovered from any police personnel. Accused was taking to Mahila post which was near about 150 meter away from Peelar 567/2 when the accused was searched by the lady constables then 7 packets of charas were recovered from the petticoat of the accused. Before the search, accused was told that her searched will be carried out by any gazetted officer then that lady told that she have full faith in police personnel and you can carry out her search, she has no objection. After that the search was carried out by the lady constables and recovered the 7 packets of Charas from the petticoat of the accused. Constable Santosh Kumar brought the electronic weighing machine from the shop of Sanjay Mittal and the recovered Charas was weighed-in and it was found 2' kg in weighed, 20-20 gram Charas was taken out from all the packets as sample, and the sample was sealed in the separate cloth and the 7 packets of charas were sealed in the separate cloth. Recovery memo was prepared on the spot. Recovery memo was read over to the police personnel and got signed by the police personnel as well as the accused and one copy of recovery memo was provided to the accused.