PREMA D/O RAM KISHAN SHARMA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Prema D/O Ram Kishan Sharma
STATE OF UTTARAKHAND
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(1.) This appeal, moved on behalf of the accused/ appellant Prema, received through Superintendent of District Jail, Almora, which directed against the judgment and order dated 09.01.2009, passed by learned Special Judge/Sessions Judge, Champawat, in Special Sessions Trial No. 03 of 2008, whereby said court has convicted accused/ appellant Prema under section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act), and sentenced her to rigorous imprisonment for a period of ten years and directed to pay fine of ' one lac/-. In default of payment of fine the convict has been sentenced to undergo rigorous imprisonment for further period of two years by the trial court.
(2.) Heard learned Amicus Curiae for the appellant, and learned A.G.A.,forthe State.
(3.) Prosecution story, in brief, is that on 15.12.2007 S.I. Brijmohan Upreti (P.W.1) alongwith Female Constable Smt. Bhagwati Koranga (P.W.2) and Constable Naresh Kumar (P.W.3) were checking the vehicles near Police Outpost Chalthi within the limits of Police Station Champawat, District Champawat. At about 14:30 hours accused/appellant Prema (a female renunciant /ascetic) was seen crossing the barrier on foot. Suspecting that she might be carrying some contraband in the bag hanging from her shoulders, they stopped her and told her that they wanted to search the bag. The police party further told her that the search can be made in the presence of some Gazetted Officer or the Magistrate, but the accused/appellant Prema gave consent (Ex. A1) that search may be made without presence of Gazetted Officer/Magistrate. On search of her bag it was found that the same was containing CANNABIS (charas). The accused was taken into custody and the recovery memo (Ex. A3) was prepared of the contraband item. After weighing the same, it was found that it was 1.700kg. The CANNABIS recovered from the applicant was sealed after taking out of the sample which was also sealed. Recovery memorandum (Ex. A3) was prepared at the spot by the police. On the basis of recovery memo at 18:30 hours first information report (Ex. A4) was prepared at Police Station Champawat on the very day (15.02.2007). Investigation of the case was taken up by P.W.6 Inspector R.S. Tolia. After investigation charge sheet (Ex. A7) was submitted by said police office, and the sample was sent to Forensic Laboratory, Dehradun. Report (Ex.A9) was received from Forensic Laboratory disclosing that the sample gave positive testfor charas.;
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