RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge is to the judgment of conviction dated 13.11.2013 and order of sentence dated 14.11.2013 passed by the Additional Sessions Judge, Sirsa, whereby the accused-appellant has been convicted and sentenced to under rigorous imprisonment for a period of one year and to pay a fine of Rs.10,000/- for commission of an offence punishable under Section 15 of Narcotic Drugs & Psychotropic Substances Act (for brevity 'the Act').

(2.) Brief facts of the case are that on 01.06.2012, police party was present at bus-stand, Mandi Kalanwali in connection with patrolling duty. In the meantime, a woman alighted from the rear exit door of a private bus. On seeing the police party, she became panicky. On the basis of suspicion, she was apprehended, upon which, she disclosed her name as Rani-appellant. She was asked, as to whether she wanted to be searched in the presence of a Gazetted Officer or a Magistrate. However, she reposed faith in the police party. Thereafter, on conducting the search of a bag, which was carried by her, the same was found to have been containing poppy straw, out of which, two samples of 100 grams each were separated and converted into parcels. Remaining poppy straw, on weighment, came to be 3.300 Kgs. The sample parcels and the remaining poppy straw were sealed by the Investigating Officer with his seal bearing impression N.K. After completion of necessary formalities, challan was prepared and presented in the Court.

(3.) After presentation of the challan, charge under Section 15 of the Act was framed against the accused-appellant, to which, she pleaded not guilty and claimed trial.