IMPORTANT POINT
Prosecution case cannot be thrown away simply on ground that independent witnesses not associated.

JUDGMENT

Darshan Singh, J.—The present appeal has been preferred by appellant-Radha Bai against the judgment of conviction dated 05.04.2004, vide which she was held guilty and convicted for the offence punishable under Section 18 of Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter to be referred as ‘Act’) and the order of sentence dated 06.04.2004, vide which she was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lac, in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

2. The brief facts of the prosecution case are that on 10.04.1999, PW-5 ASI Virender Singh along with other police employees was present at the inner gate of bus stand, Panipat in connection with patrolling. Appellant-Radha Bai was spotted coming out from inside the bus stand with a bag in her hand. On seeing the police party, she suddenly took a back turn and started walking briskly. She was apprehended on suspicion and was suspected carrying some substance in her bag. Thereafter, ASI Virender Singh served a notice under Section 50 of the Act upon her apprising her as to whether she wants her bag to be searched by a Magistrate or a Gazetted Officer or ASI Virender Singh himself. In her reply to the notice, she opted for her search by a Gazetted Officer. PW-4, Banwari Lal, DSP Headquarter was telephonically summoned to the spot. After the arrival of DSP Banwari Lal, on his instructions the search of the bag of the appellant was carried out. A white colour rexine packet was recovered from the bag. On opening the rexine packet opium was recovered there from. On weighing, the opium came to be 3 kgs. Out of that 100 gms opium was separated as a sample. The separate sealed parcels of the sample and remainder opium was prepared. The seal after use was handed over to constable Sham Lal. These parcels were also sealed by DSP, Banwari Lal with his own seal. He kept his seal with him. These articles were taken into possession vide memo Ex. PD. The Investigating Officer also prepared the site plan of the place of recovery Ex.PF. Accused/appellant was arrested. The Investigating Officer sent ruqa Ex.PA to the police station. On the basis of which formal FIR Ex.PA/1 was registered.

3. Thereafter, ASI Virender Singh produced the appellant, witnesses and the case property before PW-3, Inspector Karam Singh, the then SHO, Police Station, City Panipat. He verified the facts of the case from the accused and the witnesses and affixed his seal own seal on the parcels of the case property. He directed ASI Verinder Singh to deposit the case property with the MHC of the Police Station. The sample parcel was sent to the Forensic Science Laboratory (for short F.S.L) for examination, which was found to be of opium vide report of F.S.L Ex.PK and on completion of the investigation, the report under Section 173 of Code of Criminal Procedure (for short Cr.P.C) was presented in the Court for trial.

4. Appellant was charge sheeted for the offence punishable under Section 18 of the Act by the learned trial Court vide order dated 02.08.1999 to which the appellant pleaded not guilty and claimed trial.

5. In order to substantiate its case, the prosecution examined as many as five witnesses. The report of the F.S.L Ex.PK was also tendered into evidence.

6. In defence evidence, she tendered in evidence the certified copy of the statements of DSP, Banwari Lal Ex.DC and ASI Raghbir Singh Ex.DD recorded in case FIR no. 151 dated 10.04.1999 for the offence punishable under Section 18 of the Act, Police Station, City Panipat.

7. On appreciating the evidence on record and the contentions raised by learned counsel for the parties, learned trial Court held guilty and convicted the appellant for the offence punishable under Section 18 of the Act and she was awarded the sentence as mentioned in the upper part of the judgment.

8. Aggrieved with the aforesaid judgment of conviction and order of