TULSI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Tulsi Devi widow of Kheta son of Lala, resident of village Roopra, Police Station Kotari, District Jaipur, Rajasthan (hereinafter to be referred to as "the accused") after suffering conviction under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') vide impugned judgment of learned Judge, Special Court, Bathinda dated 21.8.2000, has preferred the instant appeal. She has been sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1.00 lac, in default thereof to further undergo R.I. for six months.

(2.) The allegations against the appellant are that she was found in conscious possession of 1 Kg. of opium on 8.6.1999 when apprehended by S.I. Baldev Singh (PW1) who along with other police officials including one lady constable Karamjit Kaur was present at turning of village Dikh on the road leading from Rampura to Maur. At that time, the accused was seen coming from the side of village Dikh and after seeing the police party she made an attempt to turn towards one side. She was ultimately apprehended. Jit Singh an independent witness reached there and he was also joined in the police party. As S.I. Baldev Singh had suspected some contraband being carried by her, therefore, she was apprised of her right to be searched before a Gazetted Officer for which a memo was prepared which was thumb marked by aforesaid lady constable Karamjit Kaur. Consent memo of the accused in this regard was also prepared. Thereafter DSP Sohan Singh (PW2) was called at the spot through wireless message and he after reaching there disclosed his identity of being a Gazetted Officer, upon which she gave her separate consent of being searched in his presence which was also reduced into writing and thumb marked by her and aforesaid independent witness Jeet Singh and lady constable Karamjit Kaur. Thereafter search of her person was conducted on the direction of aforesaid DSP Sohan Singh. Opium wrapped in a glazed paper tied with a string in 'Guthli' (small pack made of cloth) was found underneath the 'Ghagri' (dress worn by ladies especially from Rajasthan side). Two samples of 20 grams were extracted from it and put it into plastic containers and the remainder of the opium was found to be 960 grams which was also kept in a glazed paper and put in a separate plastic container. All the parcels were prepared separately and sealed with the seal bearing inscription 'BS'. Specimen of the seal also was prepared separately and handed over to ASI Rajinder Singh who was already accompanying S.I. Baldev Singh. The entire case property was taken into possession vide separate recovery memo. Ruqa was sent to the Police Station on the basis of which formal FIR was recorded. Rough site plan was also prepared at the spot. After grounds of arrest were disclosed to the accused vide separate memo, she was formally arrested. Special report was sent to the superior officer which was received by Shri Hardip Singh, S.P. (D). The case property was kept in safe custody and the same was produced on the same day before the Ilaqa Magistrate along with the accused. An inventory was prepared after obtaining the orders of the Court. An application was also moved before the concerned Judge for getting the orders for depositing the case property in the Malkhana and thereafter deposited in the Malkhana. Sample was sent through Constable Mehma Singh to the office of Chemical Examiner and on receipt of the report, the accused was challaned in this case. She was charge -sheeted by the learned trial Court under Sec. 18 of the Act.

(3.) In order to substantiate the charge, the prosecution has examined S.I. Baldev Singh (PW1) the Investigating Officer who had reiterated the case of the prosecution. DSP Sohan Singh (PW2) had also supported the case of the prosecution being a witness to the recovery. Constable Mehma Singh (PW3) had proved his affidavit. Report of the Chemical Examiner was also tendered into evidence. It is worth mentioning here that lady constable Kamaljit Kaur was given up as unnecessary witness.