PRABHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') to undergo rigorous imprisonment for ten years in Customs Case No. 51 of 2000. The appellant has almost completed the sentence as she is in custody since 15.06.2000.

(2.) THE prosecution case, in short, is that the raiding party apprehended one Om Prakash at the Bus Stand on receiving information that the traders were carrying Charas. Om Prakash is said to have disclosed that Prabha Devi was accompanying him and she was also carrying Charas. On search, 4 kgs. of Charas was recovered from the lady in question. It is stated that the informant asked the lady whether she would like to be searched in presence of Magistrate. The lady remained silent and did not give any answer. Thereafter, search was made and seizure list was prepared. Samples of alleged Charas were separated to be sent to the Forensic Laboratory for its examination.

(3.) LEARNED Counsel for the appellant submits that the occurrence took place on 15.06.2000 when the Charas was seized. Thereafter no explanation has been given as to where the sample was kept and why it was sent for examination after a gap of one and a half months i.e. on 28.07.2000. Not only there was a delay in sending the sample but equal amount of delay took place in testing the samples sent, as the report was only sent to the Investigating Officer on 18.09.2000. Apart from which the submission is that the independent witnesses were not examined in this case to prove that seizure was made. There are discrepancies in the evidence of the witnesses with respect to the seizure and some of the witnesses PWs 2 and 4 have said that they do not know who were the seizure list witnesses. PW 6 says that he has not signed on the seizure list nor was he present when it was prepared, and also says that he did not conduct the follow up action after the search.