STATE OF M.P. Vs. SALMA

JUDGEMENT

(1.) THIS is an appeal preferred by the appellant/State against the judgment of acquittal dated 28-2-2001 passed by the learned Special Judge under N.D.P.S. Act, Ratlam in Special Case No. 25/99, after having obtained leave to appeal from this Court. By this judgment, the learned Special Judge has acquitted the respondent/accused Salama from the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act').

(2.) BRIEFLY stated, the prosecution case is that on 7-7-1999 A.S.I. Shri H.S. Yadav of G.R.P. Police Station Ratlam received information from the informant (Mukhbir) that two women named Aisha Bi and Salma aged 30 years and 20 years respectively were present on the platform No. 4 waiting for Awantika Express for going to Bombay. Both the women were hiding Narcotic Drug (Heroin). This information was recorded in the Daily-Diary. Thereafter, the information Ex.P/1 was sent to G.R.P. Railway Police Station. ASI Shri Yadav (PW-7) proceeded with the other police officials along with the investigation equipments towards Ratlam Railway Station. They reached on the platform No. 4 and found that two women were sitting on the bench. On enquiry, they disclosed their names as Aisha Bi w/o Ishaq Mohd. aged 30 years R/o Bail Bazar, Kalyan, Mumbai and Salma W/o Nisar Mohd. Sheikh aged 20 years R/o Bail Bazar, Kalyan, Mumbai. ASI Shri Yadav (PW-7) informed the respondent Salma about her right of being searched in the presence of Magistrate Gazetted Officer or by the Investigating Officer. Shri Yadav prepared the Panchnama to this effect vide Ex. P/25. On this information, the respondent is said to have given her consent which was recorded as Ex. P/26 and its Panchnama is Ex. P/27. She gave the consent to be searched by the ASI Shri H.S. Yadav vide Ex. P/26. Thereafter Shri Yadav gave his own search and the search of the accompanying police force in the presence of the witnesses. Its Panchnama is Ex.P/28. Ex. P/29 search-memorandum was prepared by Shri Yadav and the same is disclosing the fact that the search was taken by ASI Yadav and he found a white-check cloth of flower design wrapped around the waist of Salma and over it she was wearing a Kurti. The said cloth was got untied by a lady constable named Gayatri No. 240. On opening, two polythene packets were found present therein in the cloth containing white powder. In one packet, 495 grams of white rough powder was present. Out of this packet of 495 grams, two samples of 5 grams each were taken and the same were packed and sealed. From another polythene packet, 210 grams of heroin was found and out of which two samples of 5 grams each were taken and sealed and rest 200 grams was packed and sealed in another packet. Ex. P/30 is the document of recovery Panchnama and identification of Narcotic Drug. Thereafter, weighment of the powder was done and its Memorandum is Ex. P/31. Ex. P/32 is the seizure memo and Ex. P/33 is the details of Narcotic Drugs seized from the possession of the respondent Salma by the police. By Panchnama Ex. P/34, the respondent/accused Salma was arrested. The seized samples were sent to the Regional Forensic Science Laboratory, Indore and its report is Ex.P/53, dated 24-7-1999. According to this report in packet A/2 presence of paracetamol and Diacetyl Morphine was present. The samples were sent through Constable Rajendra No. 488 of G.R.P. Ratlam Police Station on 9-7-1999. After necessary investigation, charge-sheet was filed. The respondent denied the charges and claimed herself to be innocent. She was, therefore, put to trial. The prosecution examined in total 13 witnesses to prove its case. The respondent did not examine any witness in her favour.

(3.) I have heard Shri Amitabh Upadhyaya, learned Dy. Govt. Advocate appearing for the appellant/State and Shri Sanjay Sharma, learned counsel for the respondent/accused and also perused the entire record carefully.