GEJO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal filed by Smt. Gejo, and has been directed against the judgment and order dated 22-8-1998, passed by the Court of AddI. Sessions Judge (Special Judge). Mansa who convicted the appellant u/s. 15 of the NDPS Act and sentenced her to undergo R I. for a period of 10 years and to pay a fine of Rs. 1 lac in default or payment of fine, the appellant was directed to undergo RI. for one year.

(2.) The brief facts of the prosecution story are that on 21-1-1996 the police party headed by SI/SHO Hardavinder Singh. Police Station, Joga was on patrol duty and they were going in a private jeep towards Village Makha Chehlan. When the police party reached on the bus stand of Village Ralla, Baldev Singh, Sarpanch was associated with the police party. Thereafter, the police party proceeded further on the side road of Canal minor. They noticed the appellant going towards village Makha Chehlan carrying a bag on her head. On seeing the police party the appellant tried to escape but was apprehended on the basis of suspicion. She disclosed her name as Gejo wife of Biru resident of Village Handiaya. The Incharge of the police party. Hardavinder Singh told the appellant that he wanted to take search of the bag and whether she was interested to give the search in the presence of a Magistrate or a gazetted officer. The appellant told to the SHO that she was not ready to give the search to him rather she was ready to give the search in the presence of a female police constable in the presence of senior officer. The consent memo of the appellant was prepared. Thereafter, DSP Joginder Singh was requested to come at the spot along with some lady constable. DSP Joginder Singh reached at the place along with lady Constable Virpal Kaur and in the presence of DSP Joginder Singh the search of the bag was taken and all search of the, bag being carried by the appellant poppy husk was found. The SHO separated 100 grams of poppy husk by way of sample and the remaining poppy was weighed which came to 15 kgs. The same was also put in a bag and the entire case property was sealed with the seal of the SHO bearing inscription HS and it was taken into possession. The appellant was formally arrested. The grounds of arrest were also given to her. The case property was deposited in the police station on the same day in custody. Ultimately the sealed sample with the sample seal were sent to the office of the Chemical Examiner who vide separate report declared the contents as Chura of Poppy Head and on the completion of the investigation of the case, the appellant was challenged in the court of the Illaqa Magistrate who supplied the copies of the documents to the appellant free of cost as required under the law and vide commitment order dated 24-4-1996 committed the appellant to the court of sessions:

(3.) Vide order dated 10-5-1996 the appellant was charge-sheeted u/s. 15 of the Act on the allegation that on 22-1-1996 in the area of Village Ralla, she was found in possession of Poppy Husk weighing 15 kgs without any licence or permit and thereby allegedly committed an offence u/s. 15 of the Act. The charge was read over and explained to the appellant who pleaded not guilty and claimed a trial.