SHANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 15th of February, 1999 passed by the 2nd Additional Sessions Judge, East Champaran, Motihari in Excise Case No. 11/97/49/97 convicting the appellant Shanti Devi under Section 8(c) and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced here to undergo R.I. for 10 years and also to pay a fine of Rs. 1,00,000.00 (one lac) and in default of payment of fine to undergo further period of sentence for two years.

(2.) The brief fact of the case is that on 23-3-1997 the informant (Suren Kumar Singh, S.I. of Police-cum-Officer Incharge of Raxaul Police Station (P.W. 7) was on patrolling duty. At about 12.35 p.m. on the order of District Magistrate and the Superintendent of Police, he reached near Dumariya Tola and when arrived near the house of appellant Shanti Devi, saw some persons fleeing away from her house, after seeing the police Party. A suspicion arose, thereafter, the informant and the police party searched the house of the appellant. From a room 100 litres of country-made liquor (wine) was recovered. The informant also detected that appellant Shanti Devi was concealing some articles in her San. On search 18 packets of smack was recovered which was tied in the 'Anchal' of her Sari'. The informant prepared the seizure-list of recovered articles in presence of independent witnesses. The witnesses signed over its after reading its contents. The informant and other police official also gave signature over the same. The seizure list has been marked Ext. 1. The appellant was arrested and forwarded to the Court of Chief Judicial Magistrate. The recovered smack was sent to the Laboratory for chemical examination at Patna. The recovered liquors were also sent for examination.

(3.) The case of the defence is that nothing was recovered either from her personal possession or from her house and she has been implicated in this case because of enmity with the local police.