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2012 Supreme(Chh) 41

RADHE SHYAM SHARMA
GANGABAI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates appeared:
Smt. lndira Tripathi, Advocate, for the Appellant.
Shri M.P.S. Bhatia, Deputy Government Advocate, for the State/respondent.

JUDGMENT

1. This appeal is directed against judgment dated 7-7-1997 passed by 1st Additional Sessions Judge, Raipur in Special Sessions Trial No. 136/1996. By the impugned judgment, accused/appellant Gangabai has been convicted under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985') and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.2,000/-, in default, to undergo simple imprisonment for six months.

2. Case of the prosecution, in brief, is as under:

On 19-10-1996, Assistant Sub-Inspector Gulabdas (PW-2), on receiving secret information that the appellant had Ganja in her possession and was engaged in selling the same illegally, he recorded the secret information and communicated it to his superior police officers and thereafter went to the spot along with Assistant Sub-Inspector M.L. Ajgale (PW-5), Head Constable and Constable and witnesses Parasram (PW-3) and K.B. Tiwari (PW-4). At the time when they reached the house of the appellant, she was present in her house. The appellant was informed about her right under Section 50 of the Act, 1985 vide EX.P-4 and consent of the appellant regarding search









































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