LAWS(P&H)-2015-7-564

BALA Vs. STATE OF U T , CHANDIGARH

Decided On July 08, 2015
BALA Appellant
V/S
State Of U T , Chandigarh Respondents

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dated 2.12.2014 and order of sentence passed on 3.12.2014.

(2.) The case against the appellant was that S.I. Tarsem Singh on 22.11.2012, along with other police officials was on patrolling duty. He was present in Sector 38-A, Chandigarh behind the houses and was checking the passersby. At about 2.30 am, the appellant came to the road from a small passage near the houses with a polythene bag in her right hand. On suspicion, the bag was checked, which was found to contain 25 grams of smack. Two samples of five grams each were drawn out and both the samples as also the remaining contraband were separately sealed. FIR was got registered against the appellant and on completion of investigation, the charge sheet was prepared against her. Charge under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act for short) was framed. The appellant pleaded not guilty.

(3.) After taking the evidence of the prosecution and recording the statement of the appellant under Section 313 Cr.P.C., findings of conviction were returned against the appellant.