NAHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals have been filed by the accused appellant (for-short the accused) impugning the judgment dated December 14,1995 of the learned Additional Sessions Judge No. 1. Kota. Where by the accused was convicted and sentenced under Sections 18/21 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (for short the Act) to undergo ten years rigorous imprisonment and a fine of Rupees .One Likh, in default to further undergo two years rigorous imprisonment.

(2.) According to prosecution. SHO. Ramganjmandi Shri Chavand Singh (PW 6) on receiving information on June 2nd 1994 that the accused was selling smack near Mazar of Kherabad Baby reached there with a raid party. Chavand Singh informed the accused that he was to conduct her personal search and asked if she was desirous of having her personal search conducted in the presence of a Gazetted Officer or a Magistrate. Accused told that she would have the search conducted by SHO Chavand Singh. Thereafter, Head Constable Smt. Geeta Pancholi searched her and found 15 pouches of smack inside her blouse. Net smack weighed one gram and five hundred milligrams. Two samples of five hundred milligrams and remainder were sealed. Seizure memo (Exp. 3) was drawn and accused was arrested. FIR (Exp. 12) was registered and samples were sent to FSL Jaipor Report of FSL (Exp. 15) was received which confirmed that the sample contained in each of the packets gave positive test for the presence of Diacety Morphine (Heroine). Charge-sheet was filed and the accused was charged under Sections 8/21 of the Act. The accused denied charges and claimed trial. Prosecution examined Man of Sharma (PW 1), Hair Prakash (PW 2). Poran Mal (PW 3), Mohand Lal (PW 4). Smt. Geeta Pancholi (PW 5). Chavand Singh (PW 6) and Bheru Lal (PW 7). The accused in her statement under Section 313 Cr. P.C. denied the allegations and pleaded false implication. She did not, lead any evidence. Taking into consideration the material placed before him the learned Trial Court convicted the accused as indicated above.

(3.) I have given my thoughtful consideration to the rival contentions and carefully perused the records.