RENU DEVI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against judgment of conviction dated 21.2.2014 & order of sentence dated 28.2.2014 passed in Special Case No.01 of 2012 by Shri Abhay Kant Jha, Ist Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, Khagaria by which the appellant has been convicted under Section 20 of N.D.P.S. Act and sentenced them to undergo rigorous imprisonment for ten years and fine of Rs.1,00,000/- and in default of payment of fine, R.I. for two years under Section 20 of N.D.P.S. Act. However she has been acquitted from charge under Section 22 of N.D.P.S. Act.

(2.) This prosecution story in short is that the informant Surya Mani Pandey (P.W.9), A.S.I. of Katihar Rail Police had lodged a fardbeyan that he was on Escort duty on 3.7.2012 in the Capital Express Train No.13248, has found 37.150 Kg. ganja in two bags from the possession of Renu Devi in general compartment and thereafter the same was informed to the higher official and seized in presence of the Executive Magistrate at Thana Bihpur station, thereafter a seizure list was prepared. Further prosecution story is that she disclosed that two persons have given her and Poonam Devi Ganja which was carried by them but Poonam Devi succeeded in fleeing away. The seizure list was prepared and signature of the B.D.O., Bihpur was also taken on the seizure list.

(3.) On the basis of aforesaid fardbeyan, it appears that Khagaria Rail P.S.Case No.18 of 2012 dated 3.7.2012 was registered against appellant Renu Devi and one another Poonam Devi. The police after investigation submitted charge sheet under Section 20 and 22 of the N.D.P.S. Act and thereafter the cognizance of the case has been taken and case was ultimately transferred to the file of Ist Addl. Sessions Judge-cum-Special Judge, N.D.P.S. Act, Khagaria. The learned Additional Sessions Judge after conclusion of the trial convicted the appellant Renu Devi under Section 20 of the N.D.P.S. Act and sentenced her to undergo R.I. For ten years and fine of R.1 lakh and in default of payment of fine, further sentence of undergo RI for 02 years, however acquitted her from the charge under Section 22 of the N.D.P.S. Act.