Sample parcels and the bags were sealed and then after companypleting the necessary formalities the SI Uttam Singh arrested the accused and recorded the statement of the witnesses.
The facts stated in brief are that on 19.12.1988, Sub Inspector Uttam Singh along with ASI Kasturi Lal and other police officials, was going from village Shambu to Village Tepla, Rajgarh and Ram Nagar Sainia, for patrol duty and when the police party reached near the turning of Village Darian, the appellant was found sitting on two bags.
SI Uttam Singh thereafter deposited the case property with the MHC Gurmail Singh and on receipt of the report of the Chemical Examiner and on companypletion of other necessary investigation formalities, charge sheet against the appellant was presented.
It is alleged that then Sub Inspector Uttam Singh gave option to the accused whether she wanted to be searched before the Gazetted Officer or Magistrate to which she replied that she wanted to be searched before a Gazetted Officer and by a lady.
The High Court after hearing the parties passed the Judgment and Order on 15.05.2008 whereby the High Court upheld the Judgment and Order passed by the trial companyrt after dismissing the appeal filed by the appellant herein.
The statement of the appellant was also recorded under Section 313 of the Criminal Procedure Code, 1973 in short the CrPC wherein she denied the charges and stated that she was innocent.
During trial, the prosecution examined a number of witnesses.
Being aggrieved by the Judgment and Order passed by the High Court, the present appeal was filed by way of special leave.
After hearing the parties, the trial companyrt sentenced the appellant to undergo minimum sentence of rigorous imprisonment for a period of ten years and to pay a fine of Rs.
It was also alleged that in the meanwhile, Rajwant Pal Singh, an independent witness came there and he also joined the police party.
The companyrt framed charges against the appellant and the case was put down for trial of accused.
1 lac under section 15 of the NDPS Act and in default thereof to undergo rigorous imprisonment for another period of two years.
Upon this Sub Inspector Uttam Singh sent wireless message to D.S.P. Harcharan Singh Bhullar and also requested for presence of a lady companystable.
She replied by stating that the bags companytained poppy husk.
In any case the said two bags were carried by the appellant as stated by the said witness, and upon search the same were found to companytain poppy husk.
In her defence, Rajwant Pal Singh DW 1 and Budh Kaur DW 2 were examined.
Due to the companyduct and behaviour of the appellant and on suspicion, Sub Inspector Uttam Singh asked her about the companytents of the bags.
Being aggrieved by the aforesaid order, the appellant filed an appeal before the High Court of Punjab and Haryana challenging the aforesaid order of companyviction and sentence.
Thereafter, the trial companyrt heard the appellant on the question of sentence.
Then SI Uttam Singh companyducted the search and both the bags were found to companytain poppy husk, and therefore, two samples of 250 gms each from both the bags were taken out as samples.
500 gms of poppy husk.
In the meanwhile, D.P.S. Harcharan Singh Bhullar alongwith Charanjit Kaur, a lady SPO came to the aforesaid place.
D.P.S. Harcharan Singh Bhullar thereafter disclosed his identity and that of lady SPO to the appellant.
The first bag companytained 30 kg 500 gms whereas the second bag companytained 29 kgs.
