FATIMA BIBI @ FATEMA BIBI Vs. STATE

JUDGEMENT

(1.) This appeal has assailed the judgment and order dated 30th September, 1999 passed by the learned Additional Sessions Judge, Hooghly convicting the appellant under Section 21 of the Narcotic Drug and Psychotropic Substance Act, 1985 in N.D.P.S. Case No. 5/98 and sentencing her to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/- in default to suffer R.I. for a further period of 2 years.

(2.) The factual matrix leading to the filing of this appeal is as follows :-

(3.) Mr. Chatterjee, learned Advocate appearing for the appellant has brought to our notice that the judgment is unsustainable and unsupportable in law inasmuch as there was failure of compliance of the mandatory requirement of Section 42 of the N.D.P.S. Act. It has also been submitted that the prosecution had significantly failed to observe the requirement as required under Section 50(4) of the N.D.P.S. Act.