- (1.) Present criminal appeal has been preferred by the appellant Angrej Kaur, who was named as an accused in case FIR No. 98 dated 08.03.1999, registered at Police Station City Fatehabad, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act"). The learned Trial Court vide the impugned judgment dated 12.08.2000 found the appellant guilty of offence under Section 15 of "the Act" and vide order dated 14.08.2000, sentenced her to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac, in default whereof, she was to undergo further RI for one year.
(2.) Brief facts of the case are that on 08.03.1999, Inspector Shri Bhagwan, SHO, Police Station City Fatehabad was present at Fatehabad Bus stand with ASI Maya Ram, HC Khyali Ram and Constable Randhir Singh in connection with patrolling. He noticed one Bachan Kaur and Angrej Kaur accused coming from the side of bus stand. On seeing the police party, the accused retraced their steps. On suspicion, both the accused were apprehended by Inspector Shri Bhagwan. Since he suspected some narcotic drug in the pocket of jacket of Angrej Kaur, a notice (Ex. PC) was served upon her informing her that she was suspected to be carrying some narcotic drug in the pocket of her jacket and her search was required to be carried out. He also asked the accused whether she wanted to be got searched in the presence of a Gazetted Officer or a Magistrate. The accused gave reply to the notice that her search be carried out before a Gazetted Officer. Thereafter, Inspector Shri Bhagwan sent Constable Randhir Singh for bringing DSP Sultan Singh. On arrival of Sh. Sultan Singh, DSP City Fatehabad at the spot, jacket worn by Angrej Kauraccused was taken by Inspector Shri Bhagwan in his possession and searched which led to recovery of 6 kgs. 500 grams of poppy straw. 100 grams poppy straw was separated as sample. On weighment remaining poppy straw recovered from the pocket of the jacket worn by the accused was found to be weighing 6 kgs 400 grams including the weight of the jacket. The poppy straw taken out for sample and remaining poppy straw was converted into two separate parcels which were sealed with the seal of SS by Inspector Shri Bhagwan. The impressions of seal for specimen were also prepared and seal was returned to DSP Sultan Singh by Inspector Shri Bhagwan. The parcels containing poppy straw including the jacket were taken by Inspector Shri Bhagwan in his possession. Information in writing (Ex. PA) was sent to the police station on the basis of which formal FIR (Ex. PB) was registered by SI Ramesh Kumar. Inspector Shri Bhagwan prepared site plan. Thereafter, he deposited the sealed parcel containing 100 grams poppy straw to the Director, Forensic Science Laboratory, Haryana, Madhuban on the same day. The Chemical examiner reported that the sample was poppy straw. After completion of the investigation, challan was presented in Court. Finding a prima facie case against the accused, she was charge-sheeted to which she pleaded not guilty and claimed trial.
(3.) The prosecution, in order to prove its case, examined seven witnesses i. e. PW1 SI Ram Narain, PW2 SI Ramesh Kumar, PW3 Constable Sher Singh, PW4 ASI Maya Ram, PW5 DSP SultanSingh, PW6 HC Om Parkash and PW7 Inspector Shri Bhagwan and closed its evidence.;