MADHU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 ( hereinafter referred to as the "Cr.P.C.") by the sole appellant. The appellant by judgment dated- 25.05.2013 has been held guilty and convicted for commission of offence under Sec. 20(B) (ii), (C) and Sec. 22(c) of the Narcotic Drugs And Psychotropic Substances Act, 1985 ( hereinafter referred to as the "N.D.P.S. Act"). By order dated- 31.05.2013 the sole appellant under Sec. 20(B)(ii) (c) of the N.D.P.S. Act has been sentenced to undergo rigorous imprisonment for fourteen years and to pay a fine of Rs. 100000.00. She has further been sentenced to undergo rigorous imprisonment for fourteen years and to a pay fine of Rs. 100000.00 u/S 22 (c) of the N.D.P.S. Act. In case of default in payment of fine she has further been directed to undergo rigorous imprisonment for five years. All the sentences were directed to run concurrently.

(2.) Short fact of the case is that on 30.01.2011 Sub Inspector of Police - cum- I/C of S.I.T., Samastipur Camp Railway Station Ujiarpur namely- Pramod Kumar Singh ( P.W. 5) recorded his self statement at Ujiarpur Railway Station at 20.50 Hours ( 8.50 P.M.). In the self statement the informant stated that on 30.01.2011 he received secret information from district Headquarter to conduct a raid and search in A.C. III Bogey in Chapra -Tata Express Train No. 18182 which was to pass through Ujiarpur Railway Station. After getting such information the informant reached Ujiarpur Police Station and at 19.45 (7.45 P.M.) and with Sub Inspector of Police of Ujiarpur Police Station namely Gopal Prasad Singh ( P.W. - 6), Police Constable No. 765 Batar Ram ( P.W. 7), SAP Jawan No. 8789 namely Ramesh Kumar ( not examined ) and Jawan No. 8961 Kamlesh Kumar Singh ( not examined ) immediately proceeded for Ujiarpur Railway Station. A memo was given to Station Superintendent Ujiarpur Railway Station with intimation that in Chapra -Tata Express in A.C. III Bogey one female smuggler was travelling carrying illegal Ganja and as such search and seizure was necessary. At 20.18 Hours ( 8.18 P.M. ) the train which was to go to Tata namely Chapra -Tata Express Train No. 18182 arrived at Ujiarpur Railway Station. The informant started conducting search in A.C. III Bogey with aforesaid police force and on the basis of description of the lady the appellant noticed a lady occupying seat no. 17. After being asked she became perturb. The informant asked the lady ( appellant ) that he wanted to search the luggage which was kept beneath the seat. It was one Aristocrat attache of Sky Blue Colour, two black hand bags, which were taken out regarding which she stated that it was her goods. On being asked about the articles kept in bags she shown her ignorance. Thereafter the informant came to conclusion that in the said closed bags some illegal articles were kept. On being asked, the lady, who was occupying seat no. 17 disclosed her name as Madhu Devi ( appellant), W/o Ashok Singh, resident of village -Jethuli , P.S. : Fatuha, District - Patna. On being strictly asked regarding the goods kept in attache and two bags in presence of number of passengers present in the said Coach and Police Officials she confessed that in the said bags there were six packets in which psychotropic substance Ganja was concealed. The informant tried to get search and seizure prepared in presence of passengers, however none came forward to become independent witness and since it was difficult to further detain the train he requested some of the persons of nearby area to become independent witness and the said lady was asked to get down and attache and bags were also brought down from the train at platform no. 2. In presence of two independent witnesses namely Birju Kumar ( P.W. 2) and Sanjeet Kumar ( P.W. 4) the apprehended lady was given option for search before the Magistrate. However she voluntarily agreed for search of those articles by the informant and with her consent in presence of aforesaid two witnesses informant started searching Sky colour attache and two black bags. From sky colour attache and two black bags, two separate packets each in the bags, total six packets, were recovered which were separately covered. After opening the same smell of Ganja came out and it was Ganja. Then the informant put mark on six packets like A-I, A-II, A-III, A-IV,, A-V and A-VI. The seized articles were got weighed in a grocery shop of Pappu Kumar (P.W. 3) and on weighment total 43 Kilo 785 grams of Ganja was found. Each packets were containing about 7 Kilogram of Ganja. Weighment was done in presence of all the aforesaid persons. A certificate was given by the shop keeper namely: Pappu Kumar (P.W. 3) regarding the weighment over which the informant and others had put their signature. On being asked to produce papers regarding carrying of Ganja she did not give any satisfactory reply and as such the informant came to conclusion that appellant was a member of inter-State gang of smugglers of psychotropic substance Ganja. In presence of two independent witnesses seizure list was prepared. The apprehended lady disclosed that she was carrier of one Binod Singh of village - Bishunpur Aaho, Police Station - Sahebur Kamal, district- Begusarai and Tarkeshwar Ojha, resident of Tata (Jharkhand). The consignment was to be delivered to Tarkeshwar Ojha. She disclosed that on delivery of each consignment she was being paid Rs. 5000.00. Apart from that ticket and meal was also being provided by the accused persons. The informant further disclosed in his self statement that sample was prepared for sending Ganja for its chemical examination and it was kept in small six steel boxes in which 50 grams each Ganja was kept and sealed and it was accordingly numbered. The informant on the basis of aforesaid fact came to conclusion that appellant (Madhu Devi) along with Binod Singh and Tarkeshwar Ojha was involved in transportation of Ganja and as such they had committed offences under Sec. 20(b) , 21(c), 22(c) and 29 of the N.D.P.S. Act. On the basis of said self statement dated 30.01.2011 on the next day on 31.01.2011 at 17.30 (5.30 P.M.) a formal F.I.R. vide Rail Samastipur P.S. Case No. 05 of 2011 was registered for offence under Sec. 20(B), 21(C), 22(C) and 29 of the N.D.P.S. Act against appellant and other two namely: Binod Singh and Tarkeshwar Ojha. After investigation on 25.04.2011 charge sheet was submitted in the Special Court against the appellant keeping investigation pending against others whereupon on 03.05.2011 learned Special Judge took cognizance of the offence and on 17.05.2013 charge under Sec. 20(b) (II) (C) of the N.D.P.S. Act was framed. Again on 21.05.2011 charge under Sec. 20 and 22 of the N.D.P.S. Act was framed against the appellant. Charge was read over and explained to the appellant by the Court to which she pleaded not guilty and claimed to be tried.

(3.) To substantiate its case in ocular evidence prosecution has examined altogether eight witnesses namely: Bhola Rai as P.W. 1, Birju Kumar, who happens to be seizure list witness as P.W. 2, Pappu Kumar (P.W. 3), Sanjeet Kumar, who happens to be another seizure list witness as P.W. 4. Informant - Pramod Kumar Singh as P.W. 5, Gopal Prasad Singh as P.W. 6, Batar Ram as P.W. 7 and Investigating Officer - Shaligram Ram as P.W. 8. Prosecution also filed and proved some document by way of documentary evidence in the case.