NAZMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellant has preferred this appeal against the judgment of conviction and order of sentence dated 27.9.2002 passed by Special Judge (NDPS)Act Cases and Additional Sessions Judge No. 1, Kota whereby the appellant has been convicted for offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- and in default thereof to further undergo six months imprisonment.

(2.) THE relevant facts of the case are that on 3.11.2001 Station House Officer of Police Station G.R.P. Kota received an information from an informant that a lady named Nazma wearing Salwar of Jamuni colour would be arrived by Swarn Mandir Mail 2093 down in the ladies coach and would arrive at Kota. The same information was transmitted to the Superintendent of Police and the Station House Officer along with the raiding party arrived at the railway station and apprehended a lady having a bag in her hand. After inquiry she disclosed her name. The Station House Officer introduced himself and informed her about the search of the bag to be made. He also apprised Smt. Nazma that she is free to be searched by a Magistrate or by a Gazetted Officer to which she stated that she can be searched by a lady constable in his presence then she was searched by a lady constable in his presence. From the bag which was in her hand smack/heroin weighing 410 Grams was recovered. Two samples of 5 grams each from the recovered substance were taken and the same were sealed at the spot for sending the same to the Chemical Examiner for analysis and the rest of the seized substance was sealed in another packet. Appellant was arrested. After doing the needful challan against her was filed under Section 8/21 of the Act.

(3.) HEARD learned counsel for the appellant, learned Public Prosecutor and perused the material and evidence available on record.