MEENA ALIAS JOGMAYA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been filed by appellant against her conviction by the learned Sessions Judge, Mandi, in Sessions Trial No. 20 of 2003, on 23.10.2003, whereby she has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and in default of payment of fine, to undergo rigorous imprisonment for a period of four years. Whether the reporters of the local papers may be allowed to see the Judgment?

(2.) THE prosecution story is that PW 10 Dabe Ram, SI/SHO, Police Station, Aut, PW 11 ASI Madan Lal and other police officials were present at Shalanala at about 5.15 p.m. on 5.1.2003 in connection with traffic checking. In the meantime, a bus came from Kullu side, which was stopped. PW 10 Dabe Ram, SI/SHO, alongwith some police officials entered the bus from the front door for checking. PW 11 Madan Lal ASI, entered the bus from the rear door. On checking, Dabe Ram SI apprehended Anita, an accused in some other case. On seeing PW 11 Madan Lal, a Nepali lady sitting in the bus on the right side of the last bench got down from the bus. She was stopped by Madan Lal ASI. The belly of the Nepali lady from appearance appeared abnormal. Madan Lal, ASI, gave her notice of search vide memo Ex. PB, whether she wanted to give her search to a Magistrate or any Gazetted lady officer or to lady constable Vandana. The Nepali lady gave her consent that she was ready to be searched by Vandana constable, thereupon PW 1 Vandana constable, vide memo Ex. PA gave her personal search. PW 1 Vandana thereafter carried out personal search of accused- appellant Meena. On search, 3 bundles were found tied around the waist of the appellant and on opening, were found carrying 15 packets of charas, weighing 2 Kgs. 600 grams. Two samples of 25 grams each were taken on the spot from the seized charas. The 2 samples and remaining charas was sealed. The Investigating Officer recorded the statements of the witnesses, prepared recovery memo, deposited the case property alongwith NCB forms and specimen seal etc. at Police Station with MHC and the case property was resealed by the S.H.O. A special report was sent to the Superintendent of Police, Mandi. On receipt of report of Chemical Examiner, Kandaghat, the challan was filed in the court. After trial, the accused- appellant was convicted, as noticed above.

(3.) WE have heard the learned counsel for the parties and gone through the record.