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2007 Supreme(MP) 1060

R.C.MISHRA
Shakuntali Kol – Appellant
Versus
State of M. P. – Respondent


Advocates:
Santosh Kumar Singh for appellant;
G.S. Thakur, Panel Lawyer, for State.

ORDER

1. This appeal has been preferred against the judgment dated 5.7.2007 passed by the Special Judge [under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act")], Sidhi in Special Case No.259/2007, whereby the appellant stands convicted under section 20(b)(ii)(b) of the Act and sentenced to undergo RI for one year and to pay a fine of Rs.2,000/- and in default to suffer RI for one month. She was tried on the charge of being found in an illegal possession of I Kg and 100 grams of ganja that is cannabis/hemp within the meaning of section 2(iii)(b) of the Act.

2. The prosecution case, in short, is that on 11.2.2007 at about 4:20 p.m., a credible information was received at Kotwali Sidhi to the effect that the appellant was indulged in sale of ganja in her house only. Accordingly, Sub-Inspector R.K. Dwivedi (PW9) conducted a raid at the house of the appellant. The raiding party included woman constable Saroj Rawat (PW5). After apprising the appellant of her legal right under which she could require presence of a senior officer, her house was searched by joining panch witnesses Kamta Prasad (PW 1) and Ramvilas Tomar (PW 6). During the search,
















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