MEENA @ NANDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred against the judgment dated 11/09/2019 passed by Special Judge (NDPS Act), District-Indore in Sessions Case No.351/2018, whereby the appellant has been convicted for offence punishable under Sections 8(c) / 20(b)(ii)(b) of Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ' The Act , 1985') and sentenced to undergo 1 year R.I, with a fine amount of Rs.5,000/-and usual default stipulation.

(2.) Prosecution story in brief is that on 11/05/2018 at 5.30 pm on the basis of source information, Police force after duly complying with the necessary formalities reached the spot and on seeing the police force, one lady started running from the place. Thereafter lady Constable and S.I. Sandhya chased her and caught hold of her. On being enquired she informed her name as Nanda @ Meena. She was given notice under Section 50 of ' The Act , 1985' and she was subjected to search. From the plastic bag carried by her 1 kg and 100 grams of ganja was recovered from her possession. After completing the necessary formalities, police arrested the appellant and registered FIR bearing crime No.220/2018 for offence under Sections 8/20 of 'the Act, 1985'. After due investigation, charge-sheet was filed against the appellant.

(3.) Appellant was charged for offence under Section 8(a) / 20(b)(ii)(b) of 'the Act, 1985'. She abjured her guilt and took a plea that she has been falsely implicated in the present crime. During trial, the prosecution, in order to bring home the guilt, examined as many as 8 witnesses and exhibited 36 documents. None was examined in the defence.