LUCY CAROTEE BARKAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) We propose to dispose of both these appeals by a common judgment. Facts in both the cases are identical and the incident is of the same date, place as well as time and law points raised are common in both these appeals.

(2.) In order to properly understand the whole case, brief facts of both the appeals are being given separately, whereafter common law points will be dealt with subsequently. Cr. Appeal No. 119 of 1996 Lucy Carlotte (hereinafter referred to as the appellant) is a British national and she has appealed against her conviction and sentence passed by the Additional Sessions Judge, Kullu, District Kullu in Sessions Trial No.5/95 dated 23.5.1996. The appellant has been convicted to undergo ten years rigorous imprisonment and to pay a fine of Rs. one Lakh, in default of the payment whereof she has been further directed to undergo simple imprisonment for three years for the offence under Section 20 of the Narcotic Drugs and Psychotripic Substances Act, 1985 (hereinafter referred to as the Act).

(3.) Brief facts of the case are that on 7.11.1995, while PW -11, Roshan Lal, District Inspector of Police, Kullu was in his office he received a secret information that two foreigner ladies are coining from Manikaran to Kullu side in a private bus alongwith CHARAS. On receipt of this secret information, it was reduced into writing by him by means of a written information in Hindi and its photostat copy was placed in the file of the trial court and is marked as Ext.5/A. For ready reference. English translation of it is reproduced herein below : - "To The Deputy Superintendent of Police, Kullu, District Kullu. Sub : Intimation u/s 42(2) N.D.P.S. Act. Sir, I have the honour to state that it has been learnt through reliable sources that in bus No.HP -34 -0325 owned by Kullu transport company, coming to Kullu from Manikaran, two foreign ladies are travelling, two foreign ladies are travelling, who are in possession of Charas. The information is reliable. Pursuantly, I, Distt. Inspector, alongwith L.H.C. Chandra, L.C.Tikma Devi, No.222 have proceeded towards Octroi Post for acting, in the matter, under the provision of N.D.P.S. Act. Intimation letter 42(2) N.D.P.S. Act is sent herewith through constable Jagar Hath 239. Sd/ - Roshan Lal D.I.P. Distt. Kullu, 7.11.95."