ARTI SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 04.06.2010 passed by learned Special Judge (N.D.P.S. Act) Damon in Special Case No. 7/2009 convicting the appellant under Section 8(c) read with Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "NDPS Act") and thereby sentencing her to suffer 10 years RI and fine of Rs. 1 Lac, in default further RI for one year, the appellant has taken shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973. As per the case of prosecution at the Police Station Tendukheda which comes within the territorial jurisdiction of Damoh Shri I.P. Mandvi, Dy. S.P./SDO(P) was posted. On the said date, he was informed telephonically by an informant that appellant is illegally carrying the business of ganja in her house situated at Ward No. 1, Hanuman Mandir Road, Tendukheda. Upon receiving such information, a panchnama was prepared in the presence of Constable Mahesh Kumar and driver A.S.I. Vijay Charar at 14.50 hours. Thereafter the said information was forwarded to the Senior Police Officers by endorsing relevant endorsement in the Roznamcha sanha No. 46 at 14.25 hours. The Tehsildar Tendukheda was also informed and was requested to arrive at Police Station.

(2.) It is the further case of prosecution that the police control room of Damoh was also informed to send a Lady Constable and the said fact was also endorsed in the Roznamcha sanha N. 462 at 14.30 hours. Thereafter, a duty certificate was given to Constable Rama Shankar directing him to bring the balance and weights and other necessary articles to seal the contraband article, who brought all these articles and necessary endorsement was made in Roznamcha sanha in that regard. The lady constable also reported her arrival in the police station Tendukheda. The police party alongwith independent witnesses proceeded towards the house of appellant at about 4.00 p.m. The factum of keeping illegal possession of ganja by the appellant as informed by the informant was told to her and after obtaining her consent, her house was searched. A panchnama of consent given by the appellant was also prepared. Prior to the search of the house of appellant her personal search was also made by the lady constable Harsiddhi. Thereafter house of appellant was searched in presence of the independent witnesses and the Tehsildar.

(3.) It is the specific case of the prosecution that when the house of appellant was searched, in 7 gunny bags and in one tin container, ganja was found inside the two rooms of the house of appellant and which was identified by smelling and rubbing. A panchnama of the seizure was also prepared. The physical verification of the balance and weight was made and a panchnama in that regard was prepared and thereafter the ganja was weighed and it was found to be two quintals and 200 Kg. From each gunny bag as well as from tin container, one sample of ganja weighing 20 gms (in total 8 samples) was collected in presence of witnesses and all the packets of the samples were sealed. The appellant was arrested and was brought to the police station where F.I.R. was registered and the bulk of ganja which was seized was kept in malkhana. Relevant entry in the malkhana register was also made.