PRATYUSH KUMAR, J. - (1.) The instant Jail Appeal filed on behalf of the convict appellant Smt. Rita Chaudhari under Section 374(2), Cr.P.C. is directed against the judgment and orders dated 27.3.2014/28.3.2014 passed by Shri Jitendra Kumar Singh, Special Judge/Additional Sessions Judge, Court No. 1, Maharajganj in Special Case No. 55 of 2011 (State v. Smt. Rita Chaudhari) arising out of Case Crime No. 834 of 2011 whereby the appellant has been convicted under section 8/23 NDPS Act and directed to serve rigorous imprisonment of ten years and to pay fine of Rs. 1,00,000/-. In default thereof to further undergo imprisonment of one year.
(2.) The facts giving rise to the present appeal maybe noticed as under:- That on 16.9.2011 at 4.00 p.m. one police party of P.S. Sanauli led by S.I. Ram Shabd Verma received an information from mukhbir that some women were likely to come to Sanauli from Nepal bringing illicit Charas. After receiving this information he took with him police personnel and started to check the road coming from Nepal. One woman carrying a child in her lap behaved suspiciously. She was stopped and interrogated. She admitted that she had Charas with her. Thereafter, she was informed that she would be searched before the Gazetted Officer. When she waived the condition, she was searched by a woman constable and from her back 16 packets Charas enveloped in a clothe were recovered, which weighed about 4 1/2 Kg. After taking samples from each packet, contraband Charas and samples were sealed. Recovery memo was prepared. One copy was provided to the appellant. At this check FIR was scribed at 6.45 p.m. at the police station. Case Crime No. 834 of 2011, under section 8/23, NDPS Act was registered. Investigation was entrusted to S.I. Ram Saran Yadav, who inspected the spot, prepared the site plan and examined the witnesses. Sample was sent to State Forensic Science Laboratory. Thereafter, investigation was transferred to S.I. Kamlesh Singh, who after completing the investigation submitted the charge sheet.
(3.) The appellant stood for trial before the Court of Special Judge. She denied the charge. In order to prove the charges on behalf of the prosecution documentary evidence was filed and six witnesses were examined. Thereafter, statement of the appellant under Section 313, Cr.P.C. was recorded. She gave no evidence in the defence. After hearing the arguments learned Special Judge found the prosecution version trustworthy and convicted and sentenced the appellant as above.;