SHANTA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6-2-1997, delivered by IIIrd Additional Sessions Judge, Raipur, in the capacity of Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985, in Special Criminal Case No. 165 of 1994, whereby the Court-below has convicted the appellant under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), and sentenced her to undergo five years' R.I. and to pay a fine of Rs. 1,000/-, in default, to undergo R.I. for three months.

(2.) It is not in dispute that during the investigation, the police had registered Crime No. 350/94 against the appellant as well as one Askaran under Section 20(b) of 'the Act'. During the pendency of the case, Askaran died and, therefore, his name was deleted from the array of the accused persons.

(3.) The prosecution case, in short, is that on 2nd August, 1994, at about 10.15 p.m., the Sub Inspector, C. P. Saxena, of Police Station Khamtari, District Raipur, received the information through the police informer that contraband Ganja is likely to be unloaded at Chuna Bhatta, after being carried by Waltair Train to Raipur. After informing the Superintendent of Police and concerned Station House Officer about the news received by him and recording the fact in Rojnamcha Sanha, C. P. Saxena went to Chuna Bhatta along with A.S.I., Chandrakar, Head Constable No. 367 and Constable Nos. 711, 1633 and 1166 in a police vehicle. The vehicle was being driven by one Raju. The fact of departure was got recorded by C. P. Saxena in Rojnamcha Sanha No. 122, dated 2-8-1994.