PREM LATA @ PUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the Appellants have been convicted under Section 20b(ii)C and 23 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 12 years and fine of Rs.1,50,000/- under both counts and in default of payment of fine to undergo further simple imprisonment for two years under both counts vide Judgment of conviction dated 10.04.2014 and Order of sentence dated 16.04.2014 passed by the 5th Additional Sessions Judge, Muzaffarpur, in Custom Case No. 20 of 2008.

(2.) The case of the prosecution, according to Pawan Kumar Shandliya (P.W.1), who was the Inspector of Customs, Muzaffarpur, is that after receiving on secret information from unknown sources, two passengers, namely, the present Appellants, were apprehended from a bus at Motipur. In course of search even while no incriminating articles was recovered from their personal possession but a bag near the Appellant Prem Lata alias Puja and a trolley bag of Appellant Sumit Srivastava recovered from the dicky of the bus were searched from which three packets (1.5 Kgs) and 17 bags (8.5 kgs.) respectively were recovered from the bags. A ?Panchnama? was prepared and after completing the seizure formality, the three samples from each bag were drawn and were sealed in presence of the accused persons and independent witnesses upon which their signatures were taken for Chemical Examination Report. The Chemical Test revealed it to be ?Charas? and, thereafter, the present complaint was filed.

(3.) During trial, the prosecution examined altogether 10 witnesses.