STATE OF HARYANA Vs. URMILA

JUDGEMENT

(1.) Present appeal has been preferred by the State of Haryana impugning judgment dated 25.07.2014 passed by the learned Additional Sessions Judge, Gurgaon whereby respondent-accused Urmila wife of Guman Singh has been acquitted of the charge of the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act').

(2.) As per the prosecution story, SI Om Parkash, Crime Branch, Sector 46, Gurgaon alongwith ASI Madan Lal, Constables Bijender Kumar, Rampal, Pawan Kumar and lady Constable Rinku was present at Pataudi chowk Gurgaon in a government vehicle in connection with patrolling and crime detection on 02.04.2012. Secret information was received through an informer by SI Om Parkash to the effect that respondent-accused Urmila was indulging in the business of selling narcotics and was currently present in front of her house in possession of pouches containing smack, which she would sell to the customers.

(3.) On completion of investigation, report under Section 173 Cr.P.C. was filed. Charge was framed against the accused. She claimed trial while pleading innocence. Prosecution examined as many as ten witnesses to buttress its case. Accused pleaded innocence and false implication while denying the incriminating material put to her in her statement under Section 313 Cr.P.C. Learned trial court on appreciation of the evidence on record concluded that the prosecution had failed to prove its case against respondent- accused beyond reasonable doubt thereby, acquitting her of the charge while extending benefit of doubt. Aggrieved therefrom, State of Haryana has preferred the present appeal.