GURVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURVINDER Kaur has directed the present appeal against the judgment of conviction and order of sentence dated 24.02.2004 passed by Shri M. S. Chauhan, the then Special Judge, Amritsar, vide which the accused/appellant was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short "the Act") and sentenced to undergo rigorous imprisonment for a period of ten months and to pay a fine of Rs. 2000/ - and in default thereof, to further undergo rigorous imprisonment for a period of one month.

(2.) THE prosecution story in brief is that On 19.09.2002 ASI Bakhtawar Singh along with his fellow officials was present at T.Point Sau Footi Road, Amritsar. Swaran Singh, Pradhan, Katra Karam Singh also met him there. They were also joined in the police party. At about 7:00 PM, a secret information was received that accused Gurwinder Kaur is selling smack and if raid is conducted, she can be caught red handed. Accordingly, raid was conducted. Gurwinder Kaur was found present in the house. ASI Bakhtawar Singh told her that they suspect that she is having some contraband and her personal search is required. She was further asked if she wanted her person to be searched before the Seizing Officer or a Gazetted Officer or a Magistrate. She opted to be searched before the Gazetted Officer. Accordingly, memo was prepared. DSP Jagdish Singh Khehra was requested to reach the spot. Accordingly, DSP reached the spot and disclosed his identity to the accused. Accused opted to get herself searched by the DSP. Accordingly, memo was prepared. Lady Constable Sukhraj Kaur was directed to personally search the accused and from brassier worn by the accused, smack wrapped in a glazed paper was recovered. Out of it, the sample weighing 5 gms was separated. The remainder was also weighed and found to be 5 gms. The sample and remainder were sealed in separate parcels and sealed with seal bearing impression 'BS'. Sample seal was also prepared. The seal after use was handed over to the Sarwan Singh(independent witness).Ruqa was sent to the police station on the basis of which, formal FIR was recorded. The accused was arrested. Statements of the independent witnesses were recorded. After completion of necessary investigation challan against the accused was presented in the Court.

(3.) COPIES of the documents as envisaged under Section 207 Cr.P.C, were supplied to the accused free of costs. On finding a prima facie case made out against the accused, charge under Section 21 of the Act was framed against the accused, to which, she pleaded not guilty and claimed trial.