PARWATI BAI Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellant stands convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafterreferred to as Act) and sentenced to undergo 10 years R. I. with fine of Rs. one Lakh or in default of payment of fine to suffer R. I. for four years.

(2.) PROSECUTION case in brief was that P. W. 6 Subhash Dube, Station Officer, Police Station, Shamgarh received an information through an infor­mer that the appellant was to travel by 'Vishwas Bus' from Suwasra to fiham-garh. On receiving the information P. W. 6 alongwith two other witnesses and the police force proceeded to Bhamgarh out-post situated at Suwasra Road. The bus arrived around 8.15 p. m. P. W. 6 alongwith other witnesses and the informer entered the bus and on receiving a signal from the informant he asked the appellant to alight from the bus. It is stated that a blackk bag was also lying by the side of the appellant. She was also carrying a baby in her arms. She was taken to the police station where bag was opened and contraband opium was seized in presence of Panchas Moti and Balu Singh. P. W. 6 prepared two samples of 30 gras, each, sealed them in empty cigarette boxes which were signed by the witnesses. The samples were sent for chemical analysis to the Government Opium and Alkalide Works at Neemuch. Ex. P. 1 is the report. According to which the sample was found by qualitative and quantitative analysis to be opium.

(3.) SHRI Oberoi, learned Counsel appearing for the appellant has raised the following points for consideration :