STATE OF H.P. Vs. TARA DEVI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 30.11.1999 passed by the learned Sessions Judge, Mandi in Sessions Trial No. 9 of 1999, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) THE prosecution case, in brief, is that on 18th January, 1999, PW -5 ASI Neel Chand along with Head Constables Krishan Chand and Bansi Lal were present at Aut Bazaar in connection with investigation of another case arising out of FIR No. 5 of 1999. They were waiting for a bus. In the meantime, the accused came towards the bus stand from Mandi side. On seeing the police officials she got perplexed and tried to run away. This behaviour aroused the suspicion of the police officials. Therefore, the accused was apprehended and on inquiry she disclosed that her name was Tara Devi.

(3.) ON going through the original document, it is apparent that there is an interpolation in the same because there is one line added at the end in which the accused has agreed to give her search before the SHO. This line is not in the same handwriting as the rest of the alleged writing made by Devinder Kumar. It is also apparent that this writing is different and written with a different pen and ink. To the naked eye itself this is a case of interpolation.