'^ HIGH COURT OF CHHATTISGARH AT BILASPUR SB: HON'BLE SHRI R.N. CHANDRAKARJ. J Criminal Appeal No. 267 of 2003 Appellant Respondents Vs. Phulmati alias Ranmati The State of Chhattisgarh through Jagdalpur, P.S. Nagar Nar. POST FOR PRONOUNCEMENT OF JUDGMENT .Sd/- JUDGE 3 -8-2009 Sd/- R.N. Chandrakar Judge •if \^-i/ ADpellant: HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 267 of 2003 Phulmati alias Ranmati w/o. Somaru, aged 53 years, r/o. village Phaphadi, P.S. Phaphadih, Distt. Raipur (CG), occupation House Wife. Versus ResDondent: State of Chhattisgarh through D.M. Jagdalpur, P.S. Nagar Nar. (Criminal appeal u/S 374 (2) ofthe Code ofCriminal Procedure 1973) SB: Hon'ble Shri R.N. Chandrakar, J. Present: Mr. K.K. Singh, counsel forthe appellant. Mr. Sameer Behar, Panet Lawyer for the State. JUDGMENT (Delivered on l^ August, 2009) 1. This appeal is directed against the judgment of conviction and order of sentence dated 6-1-2003 passed bythe Special Court (Constituted under Narcotic Drugs and Psychotropic Substance Act, 1985) Baster (Jagdalpur), in Special Criminal Case No. 33 of 2002, whereby learned Special Court has convicted the appellant under Section 20 (b) (ii) (b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, "the Act, 1985") and sentenced her to undergo R.l. forfive years and to pay fine of Rs.10,000/-, in default of payment of fine to undergo further Rl for one year. 2. The case of the prosecution, in brief, is that on 20-9-2002 at 12.15 p.m the Sub Inspector, Alim Khan, (PW/-3 ) received some information through informer that the appellant was possessing Ganja in her bag and waiting for some vehicle at Choukabada triangle, National High Way No.43. On '^^ ^^"y ''-^., receiving the said information, the police after completion ofthe formalities went there, searched the appellant and seized 14.00 Kgs ofGanja from the appellant. Thereafter, the Sub Inspector lodged first information report (Ex. P15) against the appellant on the same day in Police Station, Nagar Nar. After completion of investigation, charge sheet was filed before the trial Court. The trial Court framed the charge against the accused/appellant under Section 20 (b) (ii) (b) of the Act. The accused abjured the guilt and pleaded her innocence and false implication. 3. The Special Court after recording the evidence of witnesses and statement of the accused/appellant under Section 313 of the Cr.P.C., convicted and sentenced the appellant as mentioned in para 1 of the judgment. 4. At the outset, learned counsel appearing for the appellant submits that the appellant has already served the sentence awarded to her by the special Court and after undergoing the entire sentence she has already been released from jail on 20-7-2009 therefore, he does not want to press this appeal on merit. 5. Learned counsel appearing for the respondent/State does not oppose the same. 6. I have heard learned counsel for the parties, perused the record and the impugned judgment. On perusal of the report dated 20-7-2009 received from the Jail Superintendent, Central Jail, Raipur, it is evident that the accused/appellant after undergoing the entire period of sentence awarded to her by the Special Court, has been released from jail on 20-9-2007. 7. In view of the foregoing, the appeal is disposed of accordingly. Sd/- R.N. Chandrakar Judge