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2021 Supreme(Chh) 124

GAUTAM CHOURDIYA
Geeta Thakur, W/o Late Shri Ganesh Thakur – Appellant
Versus
State Of Chhattisgarh, Through,Station House Officer, Police of Police Station Bodhghat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri. Ashok Kumar Komra, Advocate
For the Respondent: Shri. Dinesh Tiwari, Dy. G.A.

JUDGMENT :

1. This appeal arises out of the judgment of conviction and order of sentence dated 27.01.2020 passed by the Special Judge, NDPS, Jagdalpur, District Bastar (C.G.) in Special Criminal Case (NDPS Act) No. 23/2017, convicting the accused/appellant for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act') and sentencing her to undergo rigorous imprisonment for 2 years with fine of Rs.10,000/-, in default of payment of fine to further undergo rigorous imprisonment for 2 months.

2. Case of the prosecution in brief is that on 08.05.2017, PW-14 Sub Inspector- Johncruish Toppo, received a secret information from the informant that three women aged about 38 years and 50 years are carrying Ganja in separate bags near Atithi Hotel at passengers waiting room, the said information was reduced to writing vide Ex.P-1 and Ex.P-2, he informed superior authority vide Ex.P-25. Independent witnesses namely Sanni Bharti and Raghuvir were summoned vide Ex.P-3. The police party along with the witnesses went to the spot, apprehended the accused/appellant, gave her notice vide Ex.P-5 under Section 5

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