CHAMPA DEVI Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 13.03.2019, passed by IInd Additional District and Sessions Judge, Varanasi, in Special Case No. 10 of 1990, convicting the accused-appellant for the offence under Section 20(2) N.D.P.S. Act, Police Station G.R.P. Moghalsarai, District Varanasi and sentencing the accused-appellant under the aforesaid section for ten years rigorous imprisonment along with fine of Rs. 1 lakh and in default of fine one year additional rigorous imprisonment.

(2.) Brief facts of the case are that on 20.03.1990, Excise Inspector R.B. Singh of Sector-3, Moghalsarai along with his colleague Ali Ahmad Siddiqui, Ram Kewal, Moti Lal, Radhey Shyam Pandey and Bhajan Lal was at platform no. 6 of Railway Station, Moghalsarai, District Varanasi in connection with checking of transportation of illegal drugs through railway. The Excise Inspector received information from an informer that two ladies, sitting in a general compartment of the Train No. 3007 Up Hawrah-Delhi Express, were in possession of Charas. The Excise Inspector and his team went inside the general compartment of the train with witnesses Satish Kumar, Pappu and Bachau Lal who were present in the compartment itself and ready to be witnesses of the recovery . In the presence of witnesses, the Excise Officials found the two ladies concealing something in their laps. Thereafter, on search being conducted, in the presence of the witnesses 2 Kgs. of Charas which wasWh concealed by the accused-appellant Smt. Champa Devi in a polythene bag was recovered. The Charas was kept in the form of candles in three packets covered with a paticote kept in an air bag.

(3.) The recovery memo was prepared by Excise Inspector on the spot in the presence of the witnesses and the recovered Charas was sealed in the above air bag itself. After completing the formalities of the recovery, the accused Smt. Champa Devi along with other lady Smt. Sonia Devi who was also found in possession of 1 Kg. Charas were brought to the Police Station G.R.P., Mughalsarai, where they were lodged and recovered articles were deposited.