KALAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 20(b)(ii) of Narcotic Drugs and Psychotropic Substances Act and were sentenced to undergo R.I. for ten years and pay fine of Rs. 1 lakh under Section 21 of the N.D.P.S. Act in default of payment of fine to further undergo R.l. for five years.

(2.) THE prosecution case in short is that on 15 -10 -1995, the informant of this case got confidential information about charas and he started checking of the vehicles and during checking the informant searched Kalawati Devi and he found the appellant was having 1 kg. 500 grm. of charas in a plastic bag on a Tumtum. The informant arrested the appellant and he prepared relevant papers and reported the matter to the Sessions Judge, Motihari. The appellant was remanded to judicial custody on 16.10.1995. The learned Sessions Judge, Motihari took cognizance and subsequently, the trial of the case was concluded and the appellant was convicted as stated above. The appellant pleaded not guilty and have stated that she has been falsely implicated in this case.

(3.) P .W.I Shambhu Sharan Sinha has stated that on 15, 10.1995, when he was on duty at Awakari Gate, during checking, he found a lady carrying a bag containing charas and sent it to expert for chemical examination, who found the seized material to be charas. He has fully supported the case of the prosecution. In paragraph -6 of his cross -examination, he has stated that he was having authorised to search the appellant and it was not necessary to produce her before a Gazetted officer.