RAJJO BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal under Section 374 of Cr.PC filed by the appellant is directed against her conviction under Section 20 (ii) (b) and (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") sentencing her to RI for 10 years and fine of Rs. 1 lakh and in default further RI for 2 years vide impugned judgment dated 7-7-2005 passed by the Trial Court in Special Sessions Trial Case No. 5/2005.

(2.) I have heard the arguments of Mr. V.K. Saxena, learned Sr. Advocate and also of Mr. Mukund Bhardwaj, learned Public Prosecutor appearing on behalf of the respondent/State. I have also perused the Trial Court record and have given my thoughtful consideration to the rival contentions advanced by learned Counsels for both the parties.

(3.) PER contra, learned Public Prosecutor appearing on behalf of the respondent/State has contended that 1 kg. of charas recovered from the possession of the appellant falls within the ambit of commercial quantity in terms of Entry 23 contained in the Central Govt. Notification specifying small quantity and commercial quantity. He submits that the offence committed by the appellant falls within the ambit of Section 20 (ii) (c) of the Act and, therefore, according to him, the appellant has been rightly convicted and sentenced by the Court below. He submits that no interference is called for in the impugned judgment and has prayed for dismissal of the present appeal.