ABIDA BEE, Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 28.11.2006 passed by learned Special Judge (N.D.P.S., Act), Mandsaur in Special Sessions Trial No. 36/ 2002 convicting the appellant under Section 8/21 (c) 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ) and thereby sentencing her to suffer ten year s rigorous imprisonment and fine of Rs. 1,00.000/- (Rs. One Lac), in default, further rigorous imprisonment of two years, the appellant has preferred this appeal under section 374 (2) of the Code of Criminal Procedure. 1973.

(2.) In brief, the case of prosecution is that A.S.I. Mevalal Dubey of Police Station, Y.D. Nagar, Mandsaur received an information on 16.5.2002 from the informant that appellant and her father Majeed Khan are sitting on the rear side of their house having contraband article heroin with them. The said information was reduced in the Roznamcha and the Panch witnesses namely Omprakash and Ramesh were summoned. Looking to the urgency, the search warrant could not be obtained and Panchnama in that regard was also prepared and was sent to Superintendent of Police Mandsaur. Thereafter the raiding party arrived at the house of Majeed Khan situated at Sneh Nagar, Mandsaur, where they found appellant (Abida Bee) and co-accused Majeed Khan sitting there. The members of the raiding party also noticed that appellant was having one polythene bag in her lap and on seeing the raiding party, after passing over the said bag containing contraband article to her father she ran away towards the jungle. Accused Majeed Khan also tried to flee from the place of occurrence along with the bag containing contraband article, but any how he was caught by the raiding party. A notice under Section 50 of the Act was given to Majeed Khan and thereafter search was made.

(3.) The investigating agency on searching the polythene bag found brown coloured powder which was tested by smelling, testing and after burning it, the presence of smack was found in it. On weighing the contraband article, it was found to be 1.400 kg. Out of the bulk of the contraband article, two samples of 10 gms each were taken out and they were sealed.