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 50 of the NDPS Act and made her aware of her legal rights, on which she consented to be searched by the police officer. Personal search of the police party and the witnesses was also made by the appellant. On which nothing objectionable was recovered from them vide Ex.P-6. However, on search of the appellant being made two bags containing Ganja like substance were recovered vide Ex.P-7 and Ex.P-8. The said contraband was identified as Ganja by smelliing and burning vide contraband identification panchnama Ex.P-9. On weighment being done of the contraband, it was found to be 8 Kg and two samples, each of 50 gms, were drawn from the said contraband vide Ex.P-11, specimen seal punchnama was prepared vide Ex.P-14 and the bags as well as the samples were seized and sealed vide Ex.P-15. Information regarding the entire proceedings was forwarded to CSP, Jagdalpur vide Ex.P-33, FIR vide Ex.P-29 was registered against the appellant under Section 20 of the NDPS Act. The accused/appellant was arrested vide Ex.P-16. The remaining contraband was deposited in Malkhana. Samples were sent to FSL for chemical examination and as per the report of FSL Raipur, the seized contraband was confirmed to be Ganja vide Ex.P-32. After investigation, charge sheet was filed against the accused/appellant under Section 20 (b) of the NDPS Act. The trial Court framed charge under Section 20(b)(ii)(B) of the NDPS Act against the accused/appellant which was denied by her and she prayed for trial.

3. The prosecution examined 14 witnesses in support of its case i.e. PW-1 Sanni Bharti, PW-2 Sub Inspector Surendra Singh Baghel, PW-3 Constable Hemant Kumar Thakur, PW-4 Raghuveer Dongar, PW-5 Asst. Sub Inspector Dhurvbeer Ram Yadu, PW-6 Asst Sub Inspector Jagdish Singh Thakur, PW-7 Asst Sub Inspector Babulal Das, PW-8 Constable No. 1186 Narayan Kumar, PW-9 Asst Sub Inspector Kanchan Thomas, PW-10 Constable Vinod Netam, PW-11 Constable Chaituram Netam, PW- 12 Station House Officer/Inspector Shri Saed Akhtar, PW-13 Head constable Chandar Singh Mandavi and PW-14 Sub Inspector Johncruise Toppo. Statement of the accused/appellant was recorded under Section 313 of Cr.P.C. in which she denied the incriminating circumstances appearing against her in the prosecution case, pleaded innocence and false implication. However, no witness was examined by her in her defence.

4. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment convicted and sentenced the accused/appellant as mentioned above.

5. Learned counsel for the appellant submits that the trial Court without appreciating the overall evidence available on record has wrongly convicted the appellant by the impugned judgment. No independent witnesses in this case has supp