Decided on April 06,2013

Dil Kumari Appellant


Alok Singh, J. - (1.) MR . Ahrar Baig, learned Amicus Curiae is not present in the Court on behalf of the appellant. Mr. Pramod Chandra Tiwari, Advocate is requested to appear in the present matter as Amicus Curiae. He has agreed to appear as Amicus Curiae. Copy of the paper book has been handed over to him. Having perused the paper book, so handed over to him, Mr. Pramod Chandra Tiwari has agreed to argue the appeal today itself. Present appeal was received through the Jail Authorities of Haridwar.
(2.) APPELLANT , by way of present appeal, is assailing the judgment and order dated 25.05.2011 passed by 6th Additional Sessions Judge/Special Judge, N.D.P.S. Act, Haridwar in Sessions Trial No. 40 of 2010 whereby the appellant was found guilty for an offence punishable under Section 8/20 of N.D.P.S. Act and was sentenced to undergo R.I. for a period of ten years and to pay fine of Rs. 1,00,000/ -, failing which to undergo additional imprisonment for one year. Brief facts of the present case inter alia are that on 16.02.2010 Sub Inspector Jaswant Singh (P.W.4) along with other police personals was on patrolling duty; P.W.4, near the Kangri check post, has signaled Bus No. UA07J/4179 to stop; thereafter P.W.4 along with other police personals entered into the bus for the purpose of checking; Appellant -Smt. Dil Kumari, Bhim Bahadur, Smt. Farkmiya and Teg Bahadur, all resident of Nepal started behaving abnormally after seeing the policy party; all the four persons were asked as to why they are behaving abnormally, then all of them told the police party that they were carrying charas; appellant and three other were asked about their legal right to be searched in the presence of Gazetted Officer/Magistrate, but appellant and three others told the police personals that they had complete trust on the police party, therefore, search could be made by the police personals; thereafter, appellant was searched and other three persons were also searched and from the possession of the appellant three packets of charas weighting about two kilogram was recovered. Appellant was arrested, seizure memo and arrest memo were prepared on the spot; 100 gm sample was taken out from the charas so recovered from the appellant; sample and rest of contraband, were kept under the seal cover by P.W.4; sample seal was also prepared on the spot; thereafter appellant as well as contraband recovered along with other three accused were brought to the Thana. Initially investigation was handed over to the Sub Inspector Harendra Chaudhary (P.W.5) and thereafter it was handed over to Sub -Inspector Bhagat Das (P.W.7). Sample so taken out by the Arresting Officer P.W.4 was sent for the chemical examination on 10.03.2010; having investigated the case chargesheet was submitted against the appellant; learned trial court has framed charges against the appellant for an offence punishable under Section 8/20 N.D.P.S. Act; appellant denied the charges and claimed trial; before the trial court Harish Chand Juyal conductor of Bus No. UA07J/4179 (P.W.1), Head Constable Harpal Singh (P.W.2), Lady Constable Tulsi Goswami (P.W.3), Sub Inspector Jaswant Singh (P.W.4), Sub Inspector Harendra Chaudhary (P.W.5), Head Constable Ashok Chaudhary (P.W.6), Sub Inspector Bhagat Das (P.W.7) and Sub Inspector Harsh Mani (P.W.8) were examined; statement of the appellant was also recorded under Section 313 of Cr.P.C.
(3.) HAVING perused the entire material available on record, learned trial court has passed judgment and order under appeal.;

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