MANIJAN BIBI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This appeal is against the judgment and order dated 29.6.94 of the Special Judge No.1, Manipur Imphal in Special Trial (NDPC) Case No.8 of 1993 thereby convicting the above accd. appellant for the offence u/s 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to N.D. & PS Act) and sentencing her to undergo 10 (ten) years R.I. with a fine of 1 (one) lakh, in default, of payment of the fine, further imprisonment for 10 (ten) months.

(2.) Heard Mr N.Kerani Singh, the learned Senior counsel for the accused-appellant and also heard Smt. Bidyamani Devi, the learned Addl. Public Prosecutor for the State.

(3.) On 17,5.91 a police party of Border Affairs P.S. led by Shri L.Seisou Mou, Sub-Inspector (PW-1), while making a round on duty around Thoubal area at about 9 AM. for checking and the detecting any drug trafficking, received an information mat certain amount of heroin powder No.4 was kept for sale in her house by the accd. Smt. Manijan Begun, thus, the police party proceeded to the house of the accd, conducted search of the house and in course of the search, seven small plastic packets containing No.4 heroin powder weighing 1(one) gm. each were recovered from beneath the mattress of the sleeping bed of the accused. The seized articles along with the accd. were brought and handed over to the Officer in -Charge, Border Affairs P.S. and an ejahar Ext. P/3 was lodged. Officer in- Charge, B.A. Police Station registered a case being FIR case No.97 (5) 91 of B.A. Police Station. On obtaining a positive report from the expert in respect of the seized articles, the accd. had been challenged and on trial the learned Special Judge passed the judgment and order of conviction and the sentence as recorded above.