JASLEEN KAUR Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 17/3/2016 and order of sentence dtd. 18/3/2016, passed by the trial Court, vide which the appellant was held guilty for commission of offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and was sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a fine of Rs.5,000.00; in default of payment of fine, the appellant was ordered to further undergo rigorous imprisonment for 45 days.

(2.) During the pendency of this appeal, vide order dtd. 23/4/2016, the sentence of the appellant was suspended noticing the fact that appellant has undergone 02 months of actual sentence. Thereafter, this appeal was listed for final disposal noticing the fact that the appellant is a 28 years old unmarried girl with a stigma of conviction hanging over her.

(3.) Brief facts of the case, as per prosecution, are that on 4/7/2014, SI Tilak Raj along with ASI Brij Raj, HC Narinder Kumar, Lady Constable Pooja and Lady Constable Seema was patrolling in government vehicle which was being driven by Constable Harjinder Singh. At about 2.30 PM, a Naaka was laid on the dividing road of Sector 11-C, Chandigarh for checking the snatching and theft cases. At about 3.00 PM, a girl aged about 24/25 years came on foot from the side of Sector 11-C/D, Chandigarh, who, on seeing the police party, turned back and started moving fastly. On this, the police party, comprising of two lady constables namely Constable Pooja and Constable Seema and first Investigating Officer SI Tilak Raj apprehended the appellant on suspicion and with the help of lady constables, he conducted the search of a plastic bag which the appellant was carrying in her right hand and from the said bag, one polythene was recovered which was found carrying some narcotic material i.e. smack. The Investigating Officer tried to join an independent witness at the spot but no one was ready. On weighment, the narcotic substance recovered came to 10 grams, out of which, two samples of 02 grams each were separated and all were converted to parcels and then sealed with the seal bearing impression 'TJ' and the same was taken into possession. The remaining 06 grams of contraband were also converted into a sealed parcel. Ruqa was prepared and the seal after use was handed over to ASI Brij Raj. After taking possession, ruqa was sent to police station through HC Narinder Kumar for registration of the FIR.