JAGIRO Vs. STATE

JUDGEMENT

(1.) ON 4.4.2011, S.I. Alok Kumar of Police Station Nand Nagri was on patrol along with Head Constable Sita Ram and Constable Sonu. At about 6:40 p.m., he received a secret information that a woman, who would come from the side of DTC Depot, Nand Nagri and go towards Pratibha School, D -Block of Nand Nagri could be having illicit ganja with her. The information was conveyed by him to the SHO, Police Station Nand Nagri on telephone. The SHO having instructed him to take appropriate action, he called lady Constable Kavita to the spot and the raiding party reached Pratibha School, D -Block and took positions there. 4 -5 passers -by were requested to join the raiding party but as usual no one agreed to join the said party. At about 8:00 p.m., the appellant before this Court was seen coming from the side of DTC Depot carrying a white polythene bag in her hand. She was apprehended on being identified by the secret informer. A notice under Section 50 of the NDPS Act was served on her informing her that it was her legal right to be searched in the presence of a Magistrate or a Gazetted Officer. She having declined the said option, the bag which she was carrying with her was searched and was found to contain ganja kept in two (2) white polythene. On being weighed the ganja was found to be 2.8 kg. 200 grams of the substance was drawn as sample and the sample as well as the residual substance were sealed with the seal of AK. Form FSL was also filled at the spot and seal was handed over to Constable Sita Ram. In the meanwhile SHO, Police Station Nand Nagri also reached the spot. The sealed parcels were handed over to the SHO who left the spot, taking the said parcels with him. After completion of investigation the appellant was prosecuted under Section 20 of the NDPS Act.

(2.) SINCE the appellant pleaded not guilty to the charge as many as eleven (11) witnesses were examined by the prosecution. No witness was examined in defence.

(3.) PW 1 Constable Sonu, PW2 Head Constable Sita Ram and PW4 lady Constable Kavita have corroborated the deposition of PW11 S.I. Alok Kumar with respect to the appellant having been apprehended and ganja weighing 2.800 kg being recovered from her. They also corroborated with respect to the sealing the sample as well as the residual substance with the seal of AK and the sealed parcels having been handed over to Inspector Narender Singh Rana. HC Sita Ram also confirmed that the seal after use was handed over to him.