STATE OF HIMACHAL PRADESH Vs. DASSI DEVI

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 5.9.2013, rendered by the learned Special Judge Kullu, H.P., in Sessions trial No. 22/2011, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 24.1.2011, the police party headed by SI Krishan Chand, in charge PP Manikaran had gone towards Hurludhar for Nakabandi. At 4:30 PM, the police party saw accused Dassi Devi along with other co-accused Hiro Devi (now dead). Hiro Devi was ahead of accused Dassi Devi carrying one pink coloured bag in her hand. After noticing the police party, she handed over the bag to accused Dassi Devi. Both the accused turned back and tried to run away. On suspicion, they were nabbed. I.O. apprised both the accused about their legal right to be searched either before a Magistrate or a Gazetted Officer. The accused consented to be searched by the police.

(3.) During the course of prosecution evidence, co-accused Hiro Devi expired and proceedings against her stood abated. The trial was concluded against accused Dassi Devi only. The prosecution, in order to prove its case, has examined as many as six witnesses. The accused was also examined under Section 313 Cr.P.C. According to her, she was falsely implicated. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.