STATE OF HARYANA Vs. TULSI DEVI

JUDGEMENT

(1.) THE State of Haryana through present appeal filed by it has challenged the order of acquittal recorded by Shri K.K. Chopra, Additional Sessions Judge, Hissar dated 19.7.1991.

(2.) RESPONDENT Tulsi Devi was tried for an offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Briefly, the case of the prosecution was that on 22.5.1990 when the police party consisting of ASI Baljit Singh, H.C. Chand Singh, H.C. Hawa Singh, H.C. Roop Chand and other police officials were present near AVS Club near office of Forest department, Hissar, PW Karela Ram met the police party. ASI Baljit Singh started talking with him. In the meanwhile respondent Tulsi Devi and one boy named Raj Singh were spotted coming from the side of by-pass who on seeing the police got scared and started walking briskly towards the bushes on their right side. On apprehension they were arrested for purposes of interrogation and search. ASI Baljit Singh recovered 20 Kg. opium from the bag which she was carrying on her head at the time of her apprehension. Out of this a sample of 100 gms was taken out. The recovered opium was made into two separate parcels which were properly sealed and were taken into possession vide recovery memo Ex.PF. Ruqa Ex.PH was sent to Police Station City, Hissar for registration of the case upon which formal F.I.R. Ex.PH/1 was recorded. On the allegations as referred to above, the prosecution relied upon the statement of PW-1 Karela Ram, PW-2 Inspector Jai Narain and PW-3 ASI Baljit Singh. After resultant trial as referred to above the learned Additional Sessions Judge recorded a finding of acquittal. While acquitting respondent Tulsi Devi it has inter alia been found that section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) was not followed. The learned Additional Sessions Judge also recorded a finding that the provisions of section 51(2) and 50(4) were also not followed.

(3.) THERE is no merit in this appeal and the same is dismissed. Appeal dismissed.