LAWS(SIK)-2016-3-2

SANGITA AND ORS. Vs. STATE OF SIKKIM

Decided On March 16, 2016
Sangita And Ors. Appellant
V/S
STATE OF SIKKIM Respondents

JUDGEMENT

(1.) Aggrieved by the Judgment and Sentence dated 30 -11 -2015 of the Court of the Special Judge (SADA), South Sikkim at Namchi, in Sessions Trial (SADA) Case No. 13 of 2015, which convicted both the Appellants and handed out sentence as follows: - -

(2.) The Appellants were booked for the offence under Ss. 9/14 of the SADA on 07 -03 -2015, consequent to them allegedly being found in possession of large quantities of controlled substances during checking by the Police at the Melli Check Post, South Sikkim, at around 1900 hours, when they were travelling in a Bolero Vehicle, bearing registration No. SK 04 J/0752 from Siliguri, West Bengal to Jorethang, South Sikkim. An FIR, was lodged by P.W.3 and registered by Melli Police Station, South Sikkim, bearing No. 5(3)15 dated 07 -03 -2015. During the course of investigation, the Appellants were arrested. The controlled substances allegedly seized from them were forwarded to RFSL, Saramsa, Ranipool, East Sikkim, for Chemical Analysis and were found to contain controlled substances. On completion of investigation, charge -sheet was submitted against both Appellants under Ss. 9(b)(d)/14 of SADA read with Sec. 177 IPC.

(3.) The Learned Trial Court framed charge against the Appellants and on examination of 9 (nine) Prosecution Witnesses (for short "P.W."), finding the Appellants guilty, convicted and sentenced them as detailed hereinabove.