MONICA CHRISTY CHIKWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeals 223-SB and 259-SB of 1996 as these arise out of same judgment of the conviction and sentence and have been preferred by the same person.

(2.) APPELLANT herein has been convicted and sentenced under sections 21 and 23 of the Narcoic Drugs and Psychotropic Substances Act, 1985 (for short "the Act"). Appellant had filed Criminal Appeal No. 223-SB of 1996 through counsel, but against the same judgment of conviction and sentence, she also preferred Criminal Appeal No. 259-SB of 1996 through jail. Since Criminal Appeal No. 223-SB of 1996 has already been preferred against the same conviction and sentence. Criminal Appeal No. 259-SB of 1996 is dismissed as not maintainable and Criminal Appeal No. 223-SB of 1996 is being disposed of on merits.

(3.) COMPLAINANT Mohinder Singh Inspector Customs, appeared as PW-1 while Vandna Rikhi, Lady Inspector appeared as PW-2. J.M. Bhatia, Superintendent appeared as PW-3 and Bikram Singh Inspector Customs appeared as PW-4. Appellant was examined under section 313 Cr.P.C. She denied the allegations and took a plea that recovery was effected from some other person but was planted on her by the customs staff. She further stated that the articles recovered from her i.e. 500 US dollars, one Yashica camera and three emergency lights etc. were not shown. PW-1 Mohinder Singh and PW-2 Vandna Rikhi supported the averments in the complaint about recovery from the appellant. PW-3 J.M. Bhatia, Superintendent Customs also supported the prosecution case besides proving the recording of statement Exhibit PB of the appellant without any threat, promise or inducement. PW-4 Bikram Singh Inspector Customs stated that duly sealed samples were handed over to him at about 8 PM on 2.4.1995 which he took to Delhi. He reached Delhi on 3.4.1995 at 4.45 PM and deposited the samples in the Revenue Control Laboratory on 4.4.1995 with seals intact. He also stated that so long as the samples remained in his custody, no body tampered with the same.