BHANWAROO KHAN, J. - (1.) ACCUSED appellant has preferred this appeal against the judgment of conviction and order of sentence dated 27.9.2002 passed by Special Judge (NDPS)Act Cases and Additional Sessions Judge No. 1, Kota whereby the appellant has been convicted for offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- and in default thereof to further undergo six months imprisonment.
(2.) THE relevant facts of the case are that on 3.11.2001 Station House Officer of Police Station G.R.P. Kota received an information from an informant that a lady named Nazma wearing Salwar of Jamuni colour would be arrived by Swarn Mandir Mail 2093 down in the ladies coach and would arrive at Kota. The same information was transmitted to the Superintendent of Police and the Station House Officer along with the raiding party arrived at the railway station and apprehended a lady having a bag in her hand. After inquiry she disclosed her name. The Station House Officer introduced himself and informed her about the search of the bag to be made. He also apprised Smt. Nazma that she is free to be searched by a Magistrate or by a Gazetted Officer to which she stated that she can be searched by a lady constable in his presence then she was searched by a lady constable in his presence. From the bag which was in her hand smack/heroin weighing 410 Grams was recovered. Two samples of 5 grams each from the recovered substance were taken and the same were sealed at the spot for sending the same to the Chemical Examiner for analysis and the rest of the seized substance was sealed in another packet. Appellant was arrested. After doing the needful challan against her was filed under Section 8/21 of the Act. The learned trial court on the basis of the material and evidence collected by the investigating agency during investigation framed charge against the appellant under Section 8/21 of the Act to which she denied and claimed trial. To prove its case against the appellant, the prosecution examined 10 witnesses and exhibited Ex.P.1 to Ex.P.20. In her statement under Section 313 Cr.P.C. the appellant denied the allegations of the prosecution and also the evidence produced by it against her. However, no defence was led. The trial court after evaluating the statements of the prosecution witnesses and the documents and hearing both the parties arrived at the conclusion that the recovered smack was a contraband as the FSL report reveals that it gave a 'positive test' for the presence of diacetylmorphine (HEROIN). The recovered smack is more than commercial quantity as provided in the schedule and the compliance of every mandatory provisions of the Act was made by the SHO during investigation. Therefore, on the basis of the conclusions arrived at by the learned trial court the appellant was convicted and sentenced by the impugned judgment dated 27.9.2002 in the manner as has been stated hereinabove. Hence the instant appeal.
(3.) HEARD learned counsel for the appellant, learned Public Prosecutor and perused the material and evidence available on record.;