SMT. JANAKI ROKA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed against the judgement and order dated 29.9.2015 which was passed in the Special Case No. 43 of 2011 arising out of Case Crime No. 826 of 2011 under Section 8/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as 'the N.D.P.S. Act').

(2.) There were two more accused along with the present appellant. Their cases were also tried together but were decided by separate judgements.

(3.) Briefly stated the facts of the case are that on 12.9.2011, the S.H.O Mahesh Ram Gautam along with Constables Hirdaya Narayan Yadav, Benimadhav Mishra and Ramdulare Yadav in a TATA Spaciao Car numbered U.P. 56 G 0038 driven by Charanjeet Singh at around 3:00pm, upon being informed by a Mukhbir Khas(informer) that three women from Nepal, carrying charas were to cross Sonaoli Border, reached the spot. The Special Security Branch (SSB) was present with its team comprising Sub-inspector Sant Singh with four other women Constables, namely, Jahanara Khan, Madhu Yadav, Preeti Kumari and Anita Dhurve. The three accused at around 4:50pm entered the Indian Teritory. They were stopped and were told that if they so desired they could get themselves searched in the presence of a Magistrate or a Gazetted Officer. However as the three agreed to be searched by the police team present and did not insist on being checked in the presence of a Magistrate or a Gazetted Officer and admitted that they had charas on their persons they were searched by the police team present. They told the police their names which were Janaki Roka, Ash Kumari and Dilmaya Kuli. From the possession of Janaki Roka, the appellant, a year old child was also found along with the charas which was packed in 11 packets which in their turn were securely kept in a piece of cloth. Constable Benimadhav Mishra was asked to get a weighing machine and the weights. The charas was weighed and was found to be 6.425 kilograms. From the possession of Ash Kumari also 5.100 kilogram of charas was found. From the third accused Dilmaya Kuli charas to the extent 3.350 kilograms was recovered. The fardbaramadgi/recovery memo narrates that from all the packets separately 100 grams was removed by way of sample, even though the prosecution in trial has taken a case that from each of the accused 100 grams was taken as sample. The samples and the actual recovered charas were sealed in separate packets. Upon being further interrogated the three accused stated that they were paid Rs. 8,000/- each for carrying the charas from Nepal to India. They were arrested and information about their arrest was sent to their families. Crime numbers were allotted. The appeal which is being dealt with arises out of Case Crime No. 826 of 2011. After the F.I.R. was registered investigation commenced. Investigating Officer prepared a site plan and the sample in each case was sent by him to the laboratory at Varanasai with Constable Awdesh Kumar Pandey. Upon test being conducted by the laboratory it was found that the sample as was sent was charas and thereafter the Investigating Officer submitted his charge sheet in the Court. The Court on 29.3.2012 charged the appellant under Sections 8/23 of the N.D.P.S. Act. The appellant however denied the charges and demanded a trial, which commenced after it was transferred to the Court of Additional Sessions Judge Court No. 1, Maharajganj.