(1.) The present appeal has been preferred against the judgment dated 23.07.2004 passed by the learned Judge, Special Court, Amritsar, vide which accused-appellant Chanchala Devi has been held guilty and convicted for the offences punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for 15 months.
(2.) As per the prosecution case, on 09.05.2002 PW1 Sub Inspector Baldev Singh (the Investigating Officer of the case) along with other police employees was present at Chowk Islamabad in connection with patrolling. He received a secret information against the accusedappellant that she was indulging in selling smack in the area and a vigil on and around her house could lead to her apprehension and recovery of the contraband. Ruqqa Ex.PA was sent to the police station and on the basis of which, formal FIR Ex.PA/1 was recorded. A surveillance was kept around the house of the accused. On 14.5.2002, the Investigating Officer along with other police officials including lady Constable Amarjit Kaur was present near chowk Naiyanwala Turning. The accused-appellant was seen coming on foot. On seeing the police party, she tried to retreat. She was apprehended on suspicion. The Investigating Officer apprised her that she has a legal right of her search in the presence of a magistrate or a gazetted officer. Vide consent memo Ex.PB, she opted to get her search conducted in the presence of some gazetted officer. PW6 DSP Ashwani Kapoor was called at the spot. In his presence search of the accused-appellant was conducted. From the brassiere worn by the accused-appellant smack wrapped in polythene paper was recovered. One sample of 5 grams was separated. On weighment, the residue also came to be 5 grams. The sample and the residue were made into separate parcels and sealed with the seals bearing impression 'BS' and 'AK' and taken into possession vide recovery memo Ex.PD. Accused was arrested vide memo Ex.PF.
(3.) On return to the police station, the accused and case proeprty were produced before the PW5 SHO Mandip Singh. He affixed his seal bearing impression 'MS' on the parcels. On the next day, the accused and case property were produced before the Area Magistrate vide application Ex.PK. Sample parcel was sent to the Forensic Science Laboratory, Punjab, Chandigarh for examination. On receipt of the report of the FSL Ex.PH and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure,1973 (hereinafter referred to as 'the Cr.P.C.') was presented in the Court.