STATE OF HARYANA Vs. PUSHPA RANI

JUDGEMENT

(1.) This appeal by the state of Haryana is against judgment dated 8.5.1992 of acquittal passed by Additional Sessions Judge, Kurukshetra, in case titled State v. Roop Narain and Smt Pushpa Rani, pertaining to first Information Report No. 67 dated 17.3.1990 under section 17/61/85 of the Narcotic Drugs and psychotropic Substances Act, Police Pehowa.

(2.) As per allegations of prosecution case, on 17.3.1990. Surinder Singh, Sub-Inspector/Station House officer of Police Station Pehowa, alongwith other police employees was going towards village Karaha Sahib via Markanda Bandh Katcha Rasta in government jeep while on patrolling. The police party had hardly covered 2 kms. When they noticed a man and a woman. The lady was carrying a red colour basket in her hand end her companion a black colour bag. On noticing the police jeep, they exchanged their basket and bag. The man ran towards west while the lady towards East. On suspicion, both of them were arrested and interrogated. They disclosed their names as Roop Narain and his wife Pushpa, Roop Narain confessed that he was carrying opium and for that he had run away. He was, enquired if he wanted to give his search before some gazetted officer but he offered his search before Sub Inspector Surinder Singh, Fard Inkari was prepared. Thereafter, the basket in possession of Roop Narain was searched. It contained 6 Kgs. of opium. A sample of five grams was separated and taken in a small tin which was sealed. The remaining opium was sealed separately and the seal was entrusted to Assistant Sub Inspector Darshan Pal Singh . Nothing incriminating, however, was recovered from the search of Smt Pushpa. An intimation was sent to the Police Station on the basis of which case was registered against these two accused. They were also produced before Deputy Superintendent of Police, Pehowa, who broke open the seals of the sample as well as the case property and affixed his own seal afresh on it. After due investigation, report under section 173 of the code of Criminal Procedure was submitted against both of them. Formal Charge under section 17 of the Narcotic Drugs & Psychotropic Substances Act 1985, was framed against both the accused. But both of them claimed trial.

(3.) During the pendency of the trial, Roop Narain was declared proclaimed offender. The prosecution produced material witnesses namely, PW-1 Kartar Singh, Deputy Superintendent of Police, PW-2 Darshan Pal Singh, Assistant sub Inspector, PW-3 Amar Singh and PW-4 Surinder Singh, Sub Inspector, besides formal witnesses. The report of the Chemical Examiner was also tendered in evidence. After going through the evidence, the trial court did not accept the case of the prosecution as proved against Smt. Pushpa, now respondent before this Court, and acquitted her of the charges. However, the matter was kept pending in respect of Roop Narain, who was declared as proclaimed offender. The decision is challenged in this court.