LAWS(P&H)-2005-4-49

MOTIA BAI Vs. STATE OF HARYANA

Decided On April 27, 2005
Motia Bai Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) APPELLANT Motia Bai wife of Mathura Lal resident of village Anotia (Rajasthan) was charged under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985(for short 'the Act') for allegedly carrying in her conscious possession 3 kgs. of opium. She now stands convicted by learned Additional Sessions Judge, Panipat vide impugned judgment dated 19.3.2002 and has been sentenced to undergo Rl for ten years and to pay a fine of Rs.one lac, in default of payment of fine to further undergo RI for two years.

(2.) IT is worth mentioning here that the appellant filed another appeal through Jail in this Court which was registered as Criminal Appeal No.633 -SB of 2002. However, the same stands cancelled vide order dated 17.9.2002.

(3.) THE prosecution has examined Ram Chander, PW -1, who had recorded the formal FIR after the receipt of the ruqa. He also sent the special report; HC Naresh Kumar PW -2 was the MHC who tendered affidavit Ex.PB; similarly Constable Jasmer Singh PW -3 has also tendered his affidavit Ex.PC in evidence. Inspector Raghbir Singh PW -4 was the SHO. His evidence is with regard to the compliance of Section 55 of the Act. Balraj Singh Jakhar PW -5 is the Naib Tehsildar/Executive Magistrate. Sub -Inspector Karan Singh PW -6 is the Investigating Officer. His investigation is described in the preceding paras. Constable Rajinder Singh PW -7 has also tendered his affidavit Ex.PG.