SHAKUNTALI KOL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 5-7- 2007 passed by the Special Judge [under the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as 'the Act')], Sidhi in Special case No. 259/2007, whereby the appellant stands convicted under Section 20 (b) (ii) (B) of the Act and sentenced to undergo R. I. for one year and to pay a fine of rs. 2000/- and in default to suffer R. I. for one month. She was tried on the charge of being found in an illegal possession of 1 kg and 100 grams of Ganja that is cannabis/hemp within the meaning of Section 2 (iii) (b) of the Act.

(2.) THE prosecution case, in short, is that on 11-2-2007 at about 4. 20 p. m. , a credible information was received at Kotwali Sidhi to the effect that the appellant was indulging in sale of ganja in her house only. Accordingly, Sub inspector R. K. Dwivedi (P. W. 9) conducted a raid at the house of the appellant. The raiding party included woman Constable Saroj Rawat (P. W. 5 ). After apprising the appellant of her legal right under which she could require presence of a Senior Officer, her house was searched by joining panch witnesses Kamta prasad (P. W. 1) and Ramvilas Tomar (P. W. 6 ). During the search, a gunny bag containing 1 kg and 100 grams of ganja was recovered. The contraband was duly seized. Two samples of 50 gms. each were drawn. One of the samples was forwarded to FSL, Sagar for chemical examination. Corresponding report (Exh. P-31) indicated that the sample contained ganja. After completion of the investigation, charge-sheet was put up before the Special Court.

(3.) THE appellant pleaded not guilty. However, in the examination, under Section 313 of the Code of Criminal Procedure, it was asserted that she was falsely implicated at the instance of one Babulal Bhujwa who immediately after death of her husband wanted to grab her house.