STATE OF UTTARAKHAND Vs. ROYER NICOLE

JUDGEMENT

(1.) The instant appeal is preferred against the judgment and order dtd. 30/8/2025 passed in Special Sessions Trial No. 19 of 2022, State v. Royer Nicole and another, by the court of Special Sessions Judge, Bageshwar. By it, the respondent Royer Nicole has been acquitted of the charge under Sec. 8 read with Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act") and the respondent Roshan Lal has been acquitted of the charge under Sec. 8 read with 29 of the Act. The respondents shall hereinafter be referred to as the accused.

(2.) Heard learned counsel for the parties and perused the record.

(3.) According to the prosecution case, on 18/2/2022, PW 3 SSI Khasti Bisht was incharge of Women Helpline, Bageshwar. On that day, she along with PW 6 Kundan Rautela, the incharge SOG, Bageshwar and constable Ramesh Singh, constable Santosh Singh, constable Rajesh Bhatt and other police personnel left the SOG Office, Bageshwar by Report No. 05 time 11:30 a.m. on a prior information that someone is bringing Charas from Dhakuri Loharkhet on DL number motorcycle and coming towards Bageshwar. When they reached at Saryu Bridge, Kapkot, they met PW 8 SI Vivek Chandra, PW 7 HC Rajendra Prasad and PW 4 Sharda Goswami from Kapkot. The police party searched each other. After a while, they spotted a motorcycle coming from Kapkot, which was being driven by a person wearing Helmet. The police personnel signalled that person to stop, but instead that person turned the motorcycle and tried to run away. That person was apprehended. She was the accused Royer Nicole. When she was questioned, she revealed that "I have Charas with me. This is why I started to run when I saw the police". She was told that she could get herself searched before a Magistrate or a Gazetted Officer, to which she agreed to be searched before a Gazetted Officer. Thereafter, PW 5 Ankit Kandari, Circle Officer, Police was informed. He also came at the spot and, according to the prosecution, from the bag, which the accused Royer Nicole was holding, Charas was recovered, which was 1.040 kgs. Recovery memo was prepared, which is Ex. P-17. Based on it, chik FIR, Ex. P-1 was recorded at Police Station Kapkot at 02:35 p.m. It is the further prosecution case that on being asked the accused Royer Nicole stated that she had purchased the Charas form one Pushkar. Based on the FIR, a case was lodged against the accuse Royer Nicole, GD extract of which is Ex. P-2.