Banerjee, J. - (1.) ON March 3, 2004 one Rittika Devi was traveling by Down Rajdhani Express in Coach No. A-2 (AC II Tyre, Berth No. 34). She claimed to be traveling with her husband. When the ticket collector approached her for verification of her ticket she told that the ticket was with her husband. The ticket collector disbelieved and demanded fare as well as penalty. The lady could not pay. She was handed over to the GRPF at New Jalpaiguri Station. According to the ticket collector, the lady was having two VIP suitcases, one VCD cartoon and one leather bag. The leather bag contained her wearing apparels and other belongings whereas other three containers had Ganja weighing 18 kgs. The lady was arrested. The VIP suit case and VCD cartoons were confiscated. Samples were drawn and sent for chemical examination. The result of the test was positive. She was proceeded with for the offence committed under Sections 20/21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
(2.) THE lady pleaded innocence and opted to be tried. Altogether six witnesses were produced by the prosecution. PW 1 was a ticket collector. According to him, he was posted at New Jalpaiguri Railway Station on the relevant date when he handed over the lady and her belongings as stated above to the GRPF. According to the PW 1 they tried to release her, however, the girl could not pay. PW 2 was a Rickshaw puller. He was a seizure witness. He deposed that while he was at GRPF office he saw the girl with some suit cases. He put his LTI (Left Thumb Impression) on a paper. He could not tell about the contents of the said paper. PW 2 was declared hostile. Pw 3 was a constable working under GRPF. He along with another constable Sri Arun Sarkar was on duty in Down Rajdhani Express. They boarded at New Cooch Behar. After crossing Dhupguri Police Station they came to know that one lady passenger was found without ticket within the compartment. According to him, the lady carried two VIP suitcases and one cartoon VCD including a leather bag containing her wearing apparels.
(3.) PW 4 Arun Sarkar corroborated his fellow colleague PW 3 Prasad Ray Constable. PW 5 Rinchan Bhutia the Sub-Inspector, GRPF received the written complaint from Sri Goutam Sarkar CTTI and drew the formal FIR on the basis of the said written complaint. Sri Goutam Sarkar handed over the lady to him along with her belongings as stated above. PW 6 was the Investigating Officer. He perused the written complaint and seizure list. He sent sample packets for chemical examination and, thereafter, collected the chemical examination report which was marked as Exhibit 4. The accused was examined by the learned Judge under Section 313 of the Criminal Procedure Code. She admitted that she could not produce ticket before the ticket collector. She, however, categorically denied that the luggage except the leather bag containing her wearing apparels belonged to her. Question No.5 and the answer given by the appellant are put below :- "Q. 5. It transpires from P. W. 1,3 and 4 that two VIP suitcases, a cartoon and a leather bag containing clothing were recovered from you - What do you have to say in this regard ? A.5. The bag full of clothings is mine and the others are not." The learned Judge held her guilty of the offence and sentence her ten years coupled with a fine of Rs. One lakh and in default further rigorous imprisonment for one year. The lady is in custody since her arrest on March 03, 2004 and she is at present languishing in the correctional home suffering sentence since imposed upon her.;