JAIBUN NISHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal has been preferred under section 374 of the Cr. P.C. by the appellant Jaibun Nisha being aggrieved by the judgment dated 27.1.2007 passed by the Court of Shri Abhay Kumar. Special Judge (under 'NDPS Act') Ratlam in Special Case No. 20/2003 whereby the appellant has been convicted under sections 8121(c) of the Narcotics Drugs and Psychotropic Substances Act (in short the Act') and sentenced to undergo rigorous imprisonment of ten years with a fine of Rs. 1,00,000.00 and in default of payment of fine to undergo rigorous imprisonment of one year.

(2.) According to the prosecution story, on 1.4.2003 on the information of the informant, the appellant was found sitting on the bench with her husband at the railway platform No. 4 near Guard Lobby, Ratlam. She was informed about the information and after obtaining her consent for search, she was searched and under the trouser, one gani bag of fertilizer containing 2kg smack was found tied on her stomach, which was duly seized and after investigation, challan was filed. After trial, the appellant was punished as mentioned herein above.

(3.) It has been argued on behalf of the appellant that the case was not proved on the basis of the evidence produced by the prosecution before the Trial Court. The independent witnesses were hostile. The statements of H.L. Yadav. ASI P.W. 6 and Kamal Kumar Singh. head constable P.W. 7 were contradictory and not support in each other. Compliance of section 50 of the Act was defective. Name of the lady constable and her signatures were not obtained on the papers. Sealing of the samples was defective. The slip pasted on it was not containing signature of the accused appellant and her name was not mentioned. It was defective slip. Evidence about proper custody of the samples was not produced. The independent witnesses from the railway platform, Ratlam were not obtained, hence the appeal be allowed.