SMT. CHANDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail appeal has come up before me for final disposal after Smt. Chandi the accused appellant has already undergone a period of eight years and three months in confinement. She was arrested on Nov. 4, 1989 by Police Station Bani Park Jaipur for having illegally possessed opium weighing 6 kgs. and 850 gms. and 2 kgs. and 250 gms. in two small polythene bags. She faced trial in Sessions case No. 21/90 and was convicted and sentenced by learned Additional Sessions Judge No.6 Jaipur City under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) vide judgment dated April 30, 1991 to undergo ten years Rigorous imprisonment and a fine of Rs. 1 lakh, in default to further undergo 2 years simple imprisonment. Against this judgment, that the accused appellant has preferred instant Jail appeal.

(2.) I have given my anxious consideration to the rival contentions and carefully perused the record.

(3.) In order to consider whether provisions contained in section 50 of the Act have been complied by the prosecution, it is necessary to refer the statements of independent prosecution witnesses. PW. 4 Gur Dev Singh an independent witness, stated that the accused was asked by the In charge Police as to whether she wanted to be searched before any officer, the accused volunteered to be searched by lady constable then and there. PW.6 Jag Dev Singh Head Constable, also stated that the accused was asked whether she wanted to be searched before a Gazetted officer but she volunteered to be searched then and there. PW.1 Sunil Kumari, lady constable stated that the accused was asked as to whether she wanted to be searched before Magistrate, she told that she was ready to be searched by the lady constable and thereafter Sunil Kumari searched her and found opium.