GEETA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal, is, directed by the convict/ accused/appellant, against, the pronouncement made by the learned Special Judge (Additional Sessions Judge), Solan, H.P., upon, Sessions Trial No.1-NL/7 of 2006, whereunder, he convicted, besides imposed consequent sentence, upon, the convict/accused/appellant, for his committing an offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "Act").

(2.) The facts relevant to decide the instant case are that on 7.5.2005 at about 5 PM ASI Dharam Singh along with other police officials was on patrolling duty where poppy straw was recovered from Dalip and Ishwar, who told them that they had purchased it from accused Gita Devi. ON this information reasons of belief were prepared and same were forwarded to Dy. S.P. Nalagarh through HHC Arjun Singh, who delivered the same to HC Jasbir Chand, the then Reader of Dy. S.P. Nalagarh. Thereafter, Anil Kumar and Ramu Sahni were associated in the raiding party and rukka Ex.PD was also prepared and sent to Police Station, Nalagarh through C. Sashi Pal, on the basis of which FIR.EX.PE came to be recorded in P.S. Nalagarh. The raiding party proceeding towards the house of the accused and accused was found sitting outside her house in her cot, who on noticing the police party tried to run away with a bag in her hand at which the accused was over powered with the help of LC Manju and sear of the bag in possession of the accused was conducted which was found to be containing poppy husk which on weighment was found to be 3 kg, 250 grams. The two samples each weight 100 grams were taken separately from the contraband so recovered and the same were put in two different parcels of clothes whereas the remaining poppy husk was also put in the bag and thereafter in a parcel, and, all three parcels were sealed with seal impression "A" and were taken into possession vide separate memo, memo whereof signatured by the witnesses and the accused also put her thumb impression thereon. The sample seal was separately drawn and the site plan was prepared and NCRB form was filled in at the spot. The case property along with NCRB form and sample seal was produced before Inspector Samsher Singh, the then SHO P.S. Nalagarh, who has resealed the sample parcels and parcel containing the residue contraband with seal impression "T" regarding which resealing certificate was prepared and the same of seal was taken separately. Thereafter all the codel formalities were completed. AS per the record of the FSL, the contents of the samples were found to be of poppy husk.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report, under Sec. 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.