SUNENA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been preferred by Sunena Devi and Raj Kumar @ Raju Dube impugning the judgment and order dated 23.10.2009 and 26.10.2009 respectively passed by the learned Additional Sessions Judge-III, Bhiwani whereby they have been convicted for the offence punishable under Section 20/29 of the Narcotic Drugs and Psychotropic Substance Act (for short 'NDPS Act'), 1985 and sentenced to undergo rigorous imprisonment for a life besides to pay a fine of Rs. 1,00,000/- and in default thereof to undergo simple imprisonment for six months.

(2.) Prosecution was set in motion on registration of FIR No. 171 dated 19.10.2008. Said FIR was registered on the statement of ASI, Amar Nath, PW9. It was revealed by him that he alongwith other police officials was present at platform No. 3 near over bridge railway station, Bhiwani on 18.10.2008 at about 5.45 p.m. for checking a train No. 4519 Kissan express. They were talking with one Gabbar Singh son of Munshi Ram when the train arrived at platform No. 3. A lady holding a white cloth bag with stripes in her right hand was noticed alighting from a second class compartment of a train. She started walking towards Tosham crossing gate (fatak). On suspicion, she was stopped. Notice under Section 50 of NDPS Act was served upon her expressing suspicion that she was carrying some contraband in the bag held by her and she had a right to get her bag searched by ASI Amar Nath or any other Gazetted Officer or a Magistrate. She revealed her name to be Sunena Devi appellant No. 1 wife of Kishan Yadav resident of slum/huts Juhi Padwana PS Padwana District Padwana (UP). She opted for search before a Gazetted Officer. Consequently, intimation was conveyed to PW5, DSP Randhir Singh Rana, HPS GRPS, Hisar. Lady Constable Meena Devi 1207 was also called on the spot. Deputy Superintendent of Police (DSP) Randhir Singh arrived on the spot at about 8.15 p.m. After his introduction, appellant Sunena was directed to be searched by Meena Devi. Search of the bag was conducted by ASI Amar Nath. Charas wrapped in a yellow plastic wrapper was found present in the bag when searched. Two samples of 100 grams each were separated from the recovered contraband and the remaining contraband was put back in the same bag, which when weighed was found to be 4kg 800 grams. The appellant could not produce any licence or permit for carrying the said contraband. Separate parcels were prepared and duly sealed by ASI Amar Nath as well as DSP Randhir Singh. All the parcels were taken in possession vide memo Ex.PC, which was duly signed by the DSP as well as the other officials. Ruka Ex. PA was sent to the Police Station through EHC Ram Avtar for registration of the FIR. Formal FIR was registered.

(3.) Case property was deposited with MHC Police Post, GRP Bhiwani on 19.10.2008. Case property, accused and witnesses were produced by ASI Amar Nath before SHO Satpal Singh on 19.10.2008. SHO Satpal also affixed his seal 'PR' on each of the parcels. Case property alongwith the accused were also presented before the JMIC, Bhiwani vide application Ex. PK. Inventory report was certified by JMIC, Bhiwani vide Ex. PK/1. Photographs of the accused Sunena, Ex.P4 were taken in the presence of the above said officer alongwith the case property.