SHUSMA SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 17. 10. 2007 passed in Special Criminal Case no. 13/2006 whereby learned Special Sessions court constituted under the Narcotic drugs and Psychotropic Substances Act, 1985 has convicted the appellant under Section 21 (b)of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, hereinafter referred to as the Act) and sentenced her to undergo R. I. for 3 years and to pay a fine of Rs. 20,000/-, in default of payment of fine, to further undergo additional R. I. for 6 months.

(2.) CASE of the prosecution, in brief, is that the Station House Officer, Police Station, ambikapur, Nasar Siddiqui (PW3) received secret information on 28. 7. 2006 at 13. 05 hrs that the appellant is selling brown sugar near Jarahagarh Ring Road, Ambikapur. After recording the above information and informing the superior officer and completing other legal formalities, the Station house Officer and the police party along with two witnesses went to the place of incident, apprised the appellant about the nature of information received and her right to be searched in the presence of nearest gazetted officer/magistrate and after obtaining her consent, affected her personal search and thereafter her residence was also searched, whereupon 106 gms of brown sugar like substance was found in the possession of the appellant from a bag. The seized contraband was duly sealed and the same was handed over to the in-charge of malkhana Head Constable Devender Singh for safe custody. The contraband was sent for chemical examination to Forensic Science laboratory, Raipur and after examination, it was confirmed that the contraband contained dy-acetylene morphine.

(3.) AFTER completing investigation, chargesheet was filed in the trial Court. Charge under Section 2kb) of the Act was framed against the appellant, who abjured her guilt.