RENU GOGAR Vs. STATE OF H P

JUDGEMENT

(1.) Appellant, a Nepali National, has assailed her conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short `the Act', passed by the learned trial Court in Sessions Trial No. 01 of 2007, whereby she was sentenced to undergo imprisonment for a period of ten years and to pay a fine of rupees one lac and in default of payment of fine, further to undergo rigorous imprisonment for a period of one year for allegedly possessing 8 kg. of charas.

(2.) In short, prosecution case can be stated thus. On 13.6.2006, PW3 ASI Lal Man, along with PW2 Constable Chaman Lal and another Chaman Lal of Home Guards, was on patrolling duty and detection of crime at Garahan-nullah forest, falling under the jurisdiction of Police Post Manikarn, District Kullu, H.P. Around 5.15 a.m., appellant was noticed coming from the opposite direction through a bridle-path amidst the forest carrying a bag on her back. On seeing the police party, she tried to run away, which raised suspicion. Therefore, she was apprehended. Police asked her identity. Since the Police was apprehensive that she might be carrying some contraband thus, PW2 Constable Chaman Lal was sent to find out independent witness. After sometime, he returned and told ASI Lal Man that he could not find any witness. Thus, PW3 ASI Lal Man associated PW2 HHC Hem Raj and PW2 Chaman Lal as the witnesses in the case. PW3 ASI Lal Man rendered himself to search to the said witnesses in the presence of the appellant but no incriminating article was found in his possession. To this effect, memo Ext. PA was prepared.

(3.) Although it was not required yet the appellant was given an option to get her bag searched in the presence of the Magistrate or a Gazetted Officer. She agreed that her bag be searched by the Police party. To this effect, consent memo Ext. PB was also prepared.