LAWS(SC)-2022-10-55

STATE OF HIMACHAL PRADESH Vs. NIRMAL KAUR

Decided On October 20, 2022
STATE OF HIMACHAL PRADESH Appellant
V/S
NIRMAL KAUR Respondents

JUDGEMENT

(1.) A coordinate Bench of this Court, vide order dtd. 14/8/2018, has framed the following questions for consideration:

(2.) Since the answer to the aforesaid questions have a bearing on a number of cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "1985 Act"), this Court, vide its order dtd. 14/8/2018, had requested Shri P.S. Narasimha, learned Senior Counsel (as he then was) to assist the court as amicus curiae. Shri K. Parameshwar, learned counsel was requested to assist Shri P.S. Narasimha. On the elevation of Honble Mr. Justice P.S. Narasimha, Shri Parameshwar continued to assist this Court as amicus curiae.

(3.) On 25/7/2003, when Sarbjeet Singh (PW-12) along with some other police officials were on patrolling duty at Haroli in Una District, he was informed by Constable Upnesh Kumar (PW-1) that the respondent-accused was indulging in the illicit trading of poppy straw and that she had kept huge quantity of poppy straw in the room where fodder for the cattle had been stacked.