BANO Vs. U T CHANDIGARH

JUDGEMENT

(1.) Appellant Bano is in appeal against judgment of conviction dated 4.4.2014 and order of sentence dated 7.4.2014, whereby the Court of learned Judge, Special Court, Chandigarh ("trial Court",for short)has convicted and sentenced her to rigorous imprisonment for 2 years with fine amounting to Rs. 50,000/- and in default of payment of fine to further rigorous imprisonment for 6 months under Section 21(b) read with Section 31(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short,"the Act"). State is contesting the appeal.

(2.) Case of the prosecution is that on 24.2.2012, Investigating Officer, SI Usha Rani (PW4), accompanied by other police officials, was holding a naka near Karan Taxi Stand, Dadu Majra Colony, Chandigarh, where the appellant was apprehended on suspicion and on search of the silver polythene carry bag, which she was carrying, smack weighing 15 gms. was recovered. The recovered contraband was taken in possession. Statements of witnesses were recorded. Sample drawn from the recovered contraband was sent for chemical examination. A report, Exhibit P7, was received, according to which, the sample contained Diacetylmorphine (Heroine). Appellant was challaned and was charged by the learned trial Court for the aforesaid offence to which she pleaded not guilty and claimed trial. Prosecution examined witnesses in support of the charge. On conclusion of prosecution evidence, all the incriminating circumstances appearing in the evidence of the prosecution were put to the appellant in her examination under Section 313 of the Code of Criminal Procedure, 1973 (for short,"Cr.P.C."). The appellant denied all the circumstances and reiterated plea of her innocence and false implication but did not lead evidence in her defence.

(3.) On appraisal of the evidence available on record and after hearing learned counsel for the parties, the learned trial Judge found the prosecution to have proved guilt of the appellant beyond reasonable doubt and, accordingly, convicted and sentenced her as stated herein before.