KUNTI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 31.08.2016 passed by learned Additional Sessions Judge, Court No.4, Lakhimpur Kheri, in Criminal Case No.2 of 2015, Case Crime No.449 of 2014, whereby Additional Sessions Judge has convicted the appellant-accused, Smt. Kunti and sentenced her under Section 18/20 of NDPS Act for ten years' rigorous imprisonment with a fine of Rs.1,00,000/-, in default, she shall undergo one year additional simple imprisonment.

(2.) In brief the prosecution case is that Sub-Inspector, S.S.B., Rajendra Singh along with Constable - Gaurav Kumar Mandal, Head Constable - Rajendra Kumar, Constable - Anup Kumar Pandey was on official duty on 23.11.2014 between pillar No.200-201, where the informer gave information about a lady possessed with illegal substance (charas) in a bag is coming forward. After sometime, a lady with bag appeared. On pointing out of informer she was checked and searched, she told her name as Smt. Kunti Devi, wife of Ram Vilas and illegal substance (charas) about 9kg. in a bundle was recovered from her bag which was in 18 packets. Immediately, 50-50grams sample was drawn from all the packets and sealed for chemical examination. On this premise, FIR was lodged at Case Crime No.449 of 2014, under Sections 18/20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act').

(3.) The case was investigated by S.O. Ramsagar Rakesh, who after recording statements of witnesses and the complainant, prepared site plan, filed charge sheet under Section 18/20 of NDPS Act against the appellant. Charge was framed against the appellant under Section 18/20 of NDPS Act by the trial court to which the accused-appellant denied and claimed trial.