KEKTI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant-convict Kekti Devi, hereinafter referred to as the accused, has assailed the judgment dated 28.10.2010/29.10.2010, passed by Special Judge Kullu, Himachal Pradesh, in Sessions Trial No.50 of 2009, titled as State v. Kekti Devi, whereby she stands convicted of the offence punishable under the provisions of 20(b)(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/- and in default of payment thereof, to further undergo simple imprisonment for a period of six months.

(2.) It is the case of prosecution that on 29.3.2009, ASI Bhup Singh (PW-2), alongwith Constable Sohan Singh (PW-1) and lady Constable Veena Devi (not examined), was on a patrol duty. At about 4 p.m., when they reached near a place known as Jari Ban Jungle (near Baladhi bridge), the noticed a lady, carrying a rucksack on her back, coming from Baladhi side. Seeing the police party, she got perplexed and tried to throw away the rucksack. She also tried to flee, but was apprehended. On questioning, she disclosed her name as Kekti Devi. ASI Bhup Singh suspected that she may be carrying some contraband substance. After complying with the statutory provisions and obtaining her consent vide memo (Ex. PW- 1/A), he searched the bag, from which five stick like (Gullanuma) packets, wrapped in polythene, which contained Charas, were recovered. Same were weighed and found to be 2.5 kgs. Two samples, each weighing 25 grams, were drawn and sealed with seal impression 'A'. Remaining bulk parcel was also sealed with the very same seal impression. NCB forma (Ex. PW-2/B) were filled up in triplicate. Ruka (Ex. PW-2/C) was taken by Constable Sohan Lal, on the basis of which FIR No.134, dated 29.3.2009 (Ex. PW-5/A), under the provisions of Section 20 of the Act, was registered at Police Station, Sadar, Kullu, by SHO Prem Dass (PW-5). After the file was taken back to the spot, accused was arrested and remaining formalities completed. ASI Bhup Singh produced the contraband substance before SHO Prem Dass (PW-5), who resealed the same with his seal impression 'H', whereafter it was handed over to MHC Roop Singh (PW-9), who deposited the same in the Malkhana. HHC Om Parkash (PW-4) deposited the sealed samples with the Forensic Science Laboratory, Junga. Report (Ex. PA) of the laboratory revealed the contraband substance to be Charas. With the completion of investigation, which prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which she did not plead guilty and claimed trial.