DURGA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel for the petitioner as well as Mr. S.C. Keyal, learned Standing Counsel for the NCB.

(2.) This appeal is directed against the judgment and order dtd. 24/1/2017, passed by the learned Additional Sessions Judge No. 2, in connection with NDPS Case No. 10/2016, convicting Smti Durga Devi (herein after also referred to as the accused or appellant) under Ss. 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing her to undergo Rigorous Imprisonment for ten years and to pay fine of Rs.1,00,000.00 with default stipulation.

(3.) The Union of India and the Intelligence Officer of NCB are arrayed as O.P. No. 1 and 2 respectively. The brief facts leading to this case are that on 16/10/2015, at about 17:05 hours, on a tip off received by Sri Aram Anth Investigating Officer (I/O in short) of Narcotics Control Bureau (NCB for short), a team was formed to conduct a search operation. At about 02:30 hours midnight on 17/10/2015, the team proceeded towards the ISBT. The secret information that three ladies, namely, Durga Devi, Sangita Devi Dahal and Smti Nemneihat Chongloi would be transporting illegal consignment of morphine was reduced to writing and was submitted to the immediate Superior Officer Smti Tulika Morang, Superintendent of NCB (PW-3). The search party approached two independent witnesses, namely Ripon Kalita and Pragya Kalita and requested them to be witnesses to the search and seizure. After some time, the informer (secret informer) identified the three accused persons, who were approached by the team. The team disclosed their identity and requested the accused to cooperate with the search. The three accused disclosed their names as Durga Devi-appellant herein, Sangita Devi Dahal and Smti Nemneihat Chongloi. A temporary enclosure was made with the help of a bed-sheet for the purpose of carrying out the search operation.