SHOBHA MANDAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant Shobha Mandal against the judgment and order dated 11.10.2002 passed by the learned Special Judge, Faridabad, whereby the appellant has been held guilty for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short). The appellant has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1.00 lac. In the event of default of payment of fine the appellant is to suffer further rigorous imprisonment for two years. The period already undergone is to be set off.

(2.) CASE FIR No. 385 dated 24.11.1999 was registered at Police Station Sarai Khawaja for the offence under Section 20 the Act. The FIR was registered on the statement of Nathu Singh, S.I., Incharge Special Staff, Badarpur Border, Faridabad. It is stated that Nathu Singh accompanied by other police officials were patrolling near the Cutton Phatak there a special informer gave secret information to the effect that Parshant Mandal (since declared proclaimed offender) and his wife Shobha Mandal (appellant) residents of Sunarpur, District 24 Pragana, South Calcutta, bring huge quantity of ganja from Orissa by train. After unloading it at the railway station, they sell it at an exorbitant rate at Delhi and earn a lot. On inquiring they would say that some household articles were being carried. No body suspects them and business of ganja is being done by them vigorously. Parshant Mandal (non-appellant) and his wife Shobha (appellant) both would bring huge quantity of ganja in a gunny bag from Orissa. By getting down at the railway station Faridabad would come via Cutton Phatak and would go to Delhi in some private vehicle. In case a raid was conducted by holding a Barricade (Nakandi) at Cutton Phatak both could be apprehended with ganja. The information was found reliable. In the meanwhile a young man and a lady were seen coming from the side of Cutton. They were holding a gunny bag from each corner. Nathu Singh SI asked them about their whereabouts and they disclosed their respective names and addresses. They were informed of the secret information that had been received and were served with a notice under Section 50 of the Act to the effect that they possess contraband articles in the bag and whether they would like to be searched by a Magistrate or a Gazetted Officer of the police or a Gazetted Officer (Civil) or before Nathu Singh SI himself. For the purpose of search of the contraband article both of them intended that they be searched by a Gazetted Officer of the police. In this respect a memo was prepared and Mr. Kuldip Singh Sihag DSP Headquarters, Faridabad, was informed on telephone. The DSP Headquarters along with his staff reached the spot. On his instructions Nathu Singh SI searched the bag as per rules and a number of bundles of ganja wrapped in newspaper were found. After taking out scales from the Investigation Bag the recovered contraband was weighed. It was found to be 45 kg. in weight. Out of the recovered ganja two samples of 500 grams each were drawn and the recovered contents along with sample with the seal 'KSS' was sealed by the DSP Headquarters. Nathu Singh SI put his seal 'A.S.'. The sample seals 'KSS' and 'AS' as well as the contents were taken in possession by the police vide memo. The seal was handed over to Head Constable Abhey Singh and DSP retained his seal with him after its use. The aforesaid Parshant Mandal (non-appellant) and Shobha (appellant) had committed an offence punishable under Section 20 of the Act by having in their possession 45 kgs. of ganja without any licence. In respect of this a writing was sent through UGC to the police station for registration of a case. It was requested that after registration of the case its FIR number be intimated and after preparing special report it be also sent separately. It was also mentioned that during investigation whatsoever circumstance would be found relating to the offence, the offence would be amended accordingly. On receipt of the information the case was registered for the offence under Section 20 of the Act. Copy of the police file along with its original writing was sent to SI Nathu Singh at the spot through UGC for investigation. Special Report was sent through Constable Sarup Singh 973 to the Illaqa Magistrate and the officers concerned. After investigation the police filed charge report in terms of Section 173 of the Code of Criminal Procedure ('Cr.P.C.' for short) in the Court of learned Judicial Magistrate Ist Class, Faridabad on 3.2.2000. The learned Magistrate vide order dated 17.2.2000 keeping in view the fact that the offence attributed to the accused Shobha Mandal (appellant) and Parshant Mandal, fell under the Act which is exclusively triable by the Special Court, committed the case to the Special Court for further trial in terms of Section 209 Cr.P.C. The learned Additional Sessions Judge, to whom the case was assigned on consideration of the record of the case and after hearing learned PP and the learned defence counsel found that there was a ground for presuming that the accused had committed an offence punishable under Section 20 of the Act they were charged accordingly on 22.5.2000. The accused pleaded not guilty to the charge and claimed trial.

(3.) DURING trial of the case Parshant Mandal the husband and co-accused of the appellant was granted bail by the learned Addl. Sessions Judge, Faridabad on 8.6.2000. Thereafter he absconded. Accordingly, he was declared as a proclaimed offender by the learned Additional Sessions Judge vide order dated 6.2.2002. The learned Additional Sessions Judge, after considering the evidence and material on record has convicted the appellant to 10 years rigorous imprisonment and fine of Rs. 1 lac. The said order, as already noticed, is assailed by the appellant in the present appeal.