JAGIRO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant and her son Mohan Lal were tried of the charge under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for being found in possession of 175 kgs. of poppy-husk in five bags being carried in the Esteem Car in which they were travelling. Mohan Lal coaccused was acquitted, there being no cogent evidence to establish his identity whereas the appellant stood convicted of the said charge. She was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The version of prosecution, in brief, is that on 27.04.2002, the police party headed by PW-2 SI Ram Lubhaya of CIA Staff, Nawanshahr and comprising of lady Constable Kamaljit Kaur and lady Constable Paramjit Kaur and Dharam Pal sarpanch of village Lakhpur, was present on Hakimpur road at bridge of canal in connection with patrolling and checking. The police party spotted an Esteem car No. PB-10P-0929 of white colour, coming from the side of village Hakimpur. The driver of the car stopped the vehicle at a distance of 50 yards on seeing the police party. The driver of the car alighted from the vehicle and fled from there, whereas the appellant who was sitting on the front seat of car was apprehended at the spot.

(3.) On interrogation the appellant told the name of her accomplice who had fled from the spot. On search of the car, the police party found three bags in the dicky and two bags on rear seat of the car. The appellant was told by the Sub Inspector that they suspected some contraband in the bags lying in the car. The appellant was informed that she has a legal right to be searched before a gazetted officer or a Magistrate. The appellant opted to be searched before a gazetted officer. Ex. PA is the statement of appellant recorded in this regard which was thumb marked by her and attested by witnesses including Dharam Pal sarpanch of village Lakhpur.