SHINDERPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 16.07.2014, vide which appellant-accused Shinderpal Kaur was held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'Act') and the order on the quantum of sentence of the even dated, vide which the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 30,000/-, in default of payment of fine she was ordered to further undergo rigorous imprisonment for a period of three months.

(2.) The brief facts of the prosecution case are that on on 04.06.2013, PW-3 ASI Malkit Singh along with other police employees was on patrolling duty from Range Narcotic Control Cell, Ferozepur to village Setiewala, Kulgarhi etc. When the police party reached near dry canal in the area of village Valoor, accused-appellant was seen coming from the eastern side of the dry canal carrying a polythene bag in her hand. On seeing the police party, she perplexed and sat in the pits. She was apprehended on the basis of suspicion by the Investigating Officer with the help of his companions police officials. The Investigating Officer tried to associate the independent witnesses, but nobody agreed. He introduced himself and other police officials to the accused-appellant and asked that he suspected some narcotic substance in the polythene bag in her possession and her search is to be conducted. The Investigating Officer made her aware that she has a legal right to get her as well as the search of her polythene bag conducted in the presence of a Magistrate or a Gazetted Officer. The Investigating Officer served the notice Ex.P-2 to this effect.

(3.) Thereafter, the accused-appellant along with contraband was produced before PW-4 SI Satnam Singh , the officiating SHO, Police Station Kulgarhi. He took into possession the contraband vide memo EX.P-14 and also affixed his seal bearing impression 'SS' on the parcels and the case property.