SAMANTHA BLACK Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant was convicted under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short "the Act" for allegedly keeping in her possession 600 gms. of 'Charas' as such she was sentenced to undergo rigours imprisonment for a period of five years and to pay a fine of Rs. 50,000.00 and in default of payment of fine, she was further ordered to undergo simple imprisonment of three months.

(2.) The appellant was also given the benefit of Sec. 428 of the Code of Criminal Procedure for the period during which she remained in custody.

(3.) In brief, the prosecution case as emerges from the evidence on record is that in the year 2001, PW-12 Head Constable Lal Singh was posted in Police Post Patlikuhal. On 20.9.2001 at about 5 p.m. he along with other police officials including a lady constable Manoj Kumari was present at Patlikuhal Bazar where he received the secret information that a foreigner lady was travelling in H.P. Tourism Bus Bearing Registration No. HP-01-1848, which was coming from Manali. She was occupying Seat No. 3 and was having 'Charas' in her possession. This information was reduced into writing, copy whereof is Ext. PW-3/A and its intimation was sent to D.S.P. Kullu through constable Mahinder Lal. Thereafter he associated PW-10 Prem Singh and PW-11 Bhup Singh as the independent witnesses from the Bazar and waited for the Bus.