SEWTI DEVI ALIAS RAM KALI W/O SANT RAM Vs. STATE OF H P

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of conviction and sentence passed by the learned Sessions Judge in NDPS case No.12-S/7 of 2010 decided on 16.7.2012 whereby the appellant hereinafter referred to as 'the accused' has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short "the Act', with default clause by giving her the benefit of setoff under Section 428 of the Code of Criminal Procedure, the period she remained in custody during investigation and trial; for allegedly keeping in possession 555 grams of stuff which contained 29.01% W/W resin of the cannabis plant and also 4.23% W/W resin in the cannabis leaf powder.

(2.) The story, as spelt by the prosecution witnesses, succinctly can be stated thus. PW14 Sub Inspector Chaman Lal was heading a police party consisting of ASI Rajinder Singh, HC Kuldeep Constables Ashish, Deepak, Parma Nand and lady constable Rama. On their way back after conducting investigation in a murder case, when they reached near housing board colony, Sanjauli in their official vehicle being driven by Constable Sanjeev Kumar, Sub Inspector Chaman lal aforesaid received a secret information that the accused had been dealing in charas at her residential house in Kamla Nagar (Tara Colony). The information so received appeared to him to be reliable which was jotted down by him copy whereof is Ext. PW4/A. It was sent through constable PW12 Sanjeev Kumar to the Additional Superintendent of Police, Shimla which was handed over by him on the same day in his office.

(3.) Accused was accordingly chargesheeted for the offence aforesaid to which she pleaded not guilty and claimed trial.