- (1.) Rani, a convict in Sessions Case No. 46 of 2002, has brought this appeal, under Section 374(2) of the Criminal Procedure Code, 1973 (Cr.P.C., for short), against judgment of conviction and order of sentence dated 17.09.2002 passed by Judge, Special Court, Jalandhar (trial judge, for short), convicting and sentencing her to rigorous imprisonment for a term of ten years in addition to payment of fine amounting to Rs.1,00,000/- and in default of payment of fine to further rigorous imprisonment for a term of three months, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, the Act). State is contesting the appeal. I have heard learned counsel for the parties besides going through record of the case. Factual Matrix: Appellant, alongwith her husband named Bur aka Dalbir Ram, was arraigned as an accused in First Information Report (FIR, for short) No.160 of 31.08.2000 recorded at Police Station, Phillaur, under Section 15 of the Act. Sum and substance of story of the prosecution is that on 31.08.2000, a police party, under the leadership of Assistant Sub Inspector (ASI) Yograj (Investigating Officer), held a picket in village Jajja Khurd Chowk Apra where the Investigating Officer received a secret information that in an abandoned tubewell room on the fields of Mohinder Singh of village Khanpur, who was putting up in United States of America (USA), the appellant and her husband Bur Singh were selling Poppy Husk and had parked their scooter nearby. Investigating Officer wrote a note (commonly called 'a ruqa'), Exhibit PB, whereupon FIR, Exhibit PB/1, came to be recorded. Investigating Officer then raided the disclosed place, after joining Gurmej Singh as an independent witness. Appellant and Bur Singh, on sight of the police posse, escaped from the spot on their scooter towards canal bank. However, PW Gurmej Singh identified the two. On being informed, Deputy Superintendent of Police (DSP) Sajjan Singh Cheema also reached the spot. On search of the room, ten bags, containing Poppy Husk, were found to be lying therein. Investigating Officer separated from each bag samples weighing 250 grams each, sealed the sample parcels, as also bags containing the remainder weighing 34 kilograms and 750 grams each bag, with his seal bearing impression "YR", prepared a sample seal, handed over the seal, after use, to Head Constable (HC) Karnail Singh and took the sample parcel and bags of remainder (Exhibits P1 to P10) in police possession vide memorandum, Exhibit PA, after these were sealed by the DSP with his seal bearing impression "SS". DSP retained his seal. Investigating Officer also recorded statements of witnesses, drew a site plan, Exhibit PC, of the place of recovery and caused the sample parcels tested by Chemical Examiner.
(2.) On completion of investigation and receipt of report, Exhibit PD, from Chemical Examiner, a report, as required by Section 173(2), Cr.P.C., was prepared and was presented before the trial judge, who complied with the provisions of Section 207, Cr.P.C., and upon consideration of the record of the case and documents submitted therewith, and after hearing submissions of the appellant and the prosecution, formed an opinion that there was ground for presuming that the appellant had committed an offence punishable under Section 15 of the Act, which was triable exclusively by him, and, accordingly, framed in writing a charge against the appellant who pleaded not guilty to the charge and claimed to be tried. It may be added here that Bur Singh could not be arrested and the appellant alone was put to trial.
(3.) Prosecution examined Investigating Officer, ASI Yograj as PW2 and HC Karnail Singh as PW1 to bring on record recovery of the contraband and other aspects of investigation; ASI Pardeep Singh as PW3 to show that the appellant was arrested on 08.03.2002; DSP Jasdip Singh as PW5 to say that the Investigating Officer, before deposit of the case property in the police Malkhana had produced it before him; HC Jaswinder Singh as PW6 to prove his affidavit, Exhibit PF, to the effect that case property was deposited with him and he had sent the sealed sample parcels to the office of Chemical Examiner, and CII Amarjit Singh as PW4 to place on record his affidavit, Exhibit PE, to the effect that the sealed sample parcels were taken to, and deposited in, the office of Chemical Examiner by him.;