- (1.) This Criminal Appeal has been filed by the appellant against the judgment and order dated 10.8.2006 passed by the Additional District Judge, Court No. 13, Moradabad in Sessions Trial No. 147 of 2004 under Section 18 N.D.P.S. Act whereby trial court convicted the appellant under Section 18 of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 1,00,000/-. In default of payment of fine it was directed to further undergo rigorous imprisonment for one year. It appears that vide order dated 11.12.2007 the delay in filing the appeal was condoned and matter was directed to be listed for admission allotting regular number. Appeal was listed on several occasions but hearing on the point of admission could not be done.
(2.) On 24.7.2015, appeal was heard finally as the lower court record was available. Prosecution story in brief is as under : On 26.6.2004 at about 6.00 P.M. The aforesaid accused Smt. Aneeta, was arrested by the police on the National Highway Delhi Road near Chandra Nagar within the territorial jurisdiction of Police Station Civil Lines, district Moradabad and upon her search five kilogram Opium was recovered from her possession for which she could not produce any license. Recovery memo, chik F.I.R. was prepared at the Police Station Civil Lines, district Moradabad and a case for the offence punishable under Section 18/20 N.D.P.S. Act was registered against the aforesaid accused Smt. Aneeta at crime no. 1257 of 2004 vide G.D. Report No. 61 time 21.10 hrs on 26.6.2004. After completing the investigation the Investigating Officer has submitted the charge sheet Ex. Ka. 8 against the aforesaid accused Smt. Aneeta. On submission of charge sheet cognizance was taken and charge under Section 18 N.D.P.S. Act was framed against the accused appellant to which she denied and claimed to be tried.
(3.) In order to prove its case, the prosecution has examined P.W.-1 H.C.P. Lallan Singh; P.W.-2 S.I. Praveen Kumar Singh; P.W.-3 S.I. Rishi Pal Singh Yadav; P.W.-4 Const. Nem Chandra Singh; P.W.-5 S.I.. Shiv Charan Das; P.W.-6 S.I. Shailendra Srivastava; P.W.-7 H.C. Jagdev Singh and P.W.-8 H.C. Rajender Singh. After closure of the prosecution evidence statement of the accused under Section 313 Cr. P.C. was recorded and she has denied the prosecution version. She has further stated that the prosecution witnesses have deposed against her being police personnel. According to her she was lifted from her house by the police in order to outrage her modesty when she opposed then she was falsely implicated in this case.;