LACHHO DEVI Vs. STATE

JUDGEMENT

(1.) Smt. Lahho Devi has filed this appeal thereby challnging her conviction under Sec. 20 (Part II) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) and the sentence of rigorous imprisonment for 10 years with a fine of Rs. 1,00,000 and to undergo further rigorous imprisonment for one year in case of default in the payment of fine vide judgement and order dated 24th February. 1990 of an Additional Sessions Judge, New Delhi.

(2.) Shri I. U. Khan appearing for the appellant has submitted that there has been non-compliance of the. mandatory provisions of the Act and there are numerous material discrepancies in the statements of the witnesses. He has further submitted that S.I. Gurdial Singh was inimical towards the appellant and was in search of an occasion to falsely implicate the appellant in a case and immediately on getting such an occasion while officiating as S.H.O. he managed to implicate the appellant in a serious offence. He has also submitted that the prosecution was unable to bring home guilt against the appellant beyond reasonable doubt on account of which she is entitled to be acquitted.

(3.) Before discussing the arguments it would be appropriate to give detailed facts of the prosecution story.