(1.) THE appellant (a Nepali woman) was convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'Act') for allegedly keeping in possession 2.500 kilograms of charas, as such sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of rupees one lack. In default of payment of fine, to further undergo imprisonment for a period of one year. The period of detention undergone by the appellant was also ordered to be set off as per the provisions contained under Section 428 of the Code of Civil Procedure. Feeling aggrieved by the judgment of conviction and sentence, the appellant (hereinafter referred to as the 'accused') has filed the present appeal.
(2.) IN brief, the prosecution case, as is revealed from the evidence produced before the learned trial Court, can be stated thus. PW -11 Head Constable Purshotam was posted as Investigating Officer in the year 2005 at Police Post, Jari. On 22.08.2006 along with HHC Dina Nath, Constable Mehar Chand and Lady Constable Hara Devi were on patrol duty at Parbati Bridge. At about 5.30 p.m. two women came from Malana side. One of them was the accused, carrying black coloured rucksack on her back and another were carrying plastic envelope in her right hand. Witnesses Pushkar Raj and Raj Kumar (not examined) were also found present there by chance on the spot. In their presence, both the ladies tried to flee away, which aroused suspicion of the police party and they were apprehended at about 10 feet and were questioned. The accused disclosed her name and address and her co -accused Jiwan Kumari also disclosed her identity and both of them stated that they were residing at 'Tambu colony (Malana -II), District Kullu.
(3.) LEARNED trial Court did not find complicity of accused Jiwan Kumari for the offence charged, as such, she was acquitted, whereas, accused Shanti was convicted and sentenced, as aforesaid, as such, the present appeal by the accused -appellant.