Decided on April 10,2013

Bichuli Devi Appellant


Alok Singh, J. - (1.) THIS appeal is preferred by the appellant through Jail Authorities. Mr. Rajendra Singh, Advocate present in the Court, was requested to appear in this case on behalf of the appellant as Amicus Curiae. He had accepted the request of this Court. Paper book was handed over to him in the pre -lunch session. He had agreed to argue the matter after post lunch session. Heard Mr. Rajendra Singh, learned Amicus Curiae for the appellant and Mr. Prabhakar Joshi, Brief Holder for the State.
(2.) PRESENT appeal has been preferred by the appellant against the judgment and order dated 27.08.2008 passed by Special Sessions Judge, Champwat in Special Sessions Trial No. 30 of 2007 whereby learned trial court has held the appellant guilty for the offence punishable under Section 8/20 of the NDPS Act and sentenced her to undergo 10 years rigorous imprisonment and to pay fine of Rs. 1,00,000/ - and in default, to further undergo 2 years additional imprisonment. Brief facts of the present case, inter alia, are that PW1 Sub Inspector P.K. Jetha lodged an FIR with police station Banbasa on 11.07.2007 at 07.05 p.m. against appellant as well as one Janki Devi for the offences punishable under Section 8/18/20 NDPS Act to the effect that on 11.07.2007, he along with other police personnel was checking the vehicular traffic near Sharda Barrage Bridge; meanwhile police personnel noticed that two women having bags in their hands were coming to the Barrage Bridge; police party on being suspicion asked them to stop, however, both of them started walking fast; police party apprehended these women on 04.30 p.m., on interrogation, one of them told her name as Janki Devi, resident of village Tilachaud, Ward No. 10, police station Gadda, District Kanchanpur, Nepal and she further told that she was carrying about 1.600 kg of charas while another lady told her name Bichuli Devi, resident of village Tilachaud, Ward No. 10, police station Gadda, District Kanchanpur, Nepal and she further told that she was carrying 1 kg. of charas in her bag; on this, PW1 told these women that since both of them were residents of Nepal and carrying charas, therefore, as per Indian law, they had legal right to be searched in the presence of Magistrate/Gazetted Officer; both of them started apologizing and agreed to be searched by police party, therefore, consent memo was prepared on the spot; having obtained their thumb impressions, a lady constable Meera PW3 conducted search and found that Janki Devi was carrying 1.600 kg in a blue polythene packet kept in the bag being carried by her while present appellant was found carrying 1 kg of charas in blue colour polythene packet kept in the bag being carried by her; license of charas was demanded from both of them but they failed to show any license; Janki Devi was also carrying Rs. 70/ -; police party informed them that they had committed an offence punishable under Section 18/20 of the NDPS Act; thereafter, both of them were formally arrested; seizure memo, arresting memo were prepared on the spot; charas, so recovered, was kept in a seal cover, under the seal and signature of PW1; sample seal was also prepared on the spot; both the ladies along with contraband, so recovered, were brought to the police station and thereafter, a check FIR was lodged; investigation was handed over to PW7 SHO Naresh Chandra.
(3.) ACCUSED Janki Devi co -accused reported to have died while escaping from judicial custody.;

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