State of H. P. VS Neelma Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of H. P. – Appellant
Versus
Neelma Devi – Respondent

Advocates:
Counsel for the Parties:
For the Appellant-State:Mr. Vishwadeep Sharma, Additional Advocate General
For the Respondent:Mr. G.R. Palsra, Advocate

JUDGMENT

Rakesh Kainthla, J.—The present appeal is directed against the judgment dated 3.9.2013, passed by learned Special Judge, Kullu, H.P. (learned Trial Court), vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of an offence punishable under Section 20 of the NDPS Act. It was asserted that ASI Ram Lal (PW9), HC Raj Pal, HHC Hem Raj (PW8), LC Uma Devi and HHG Kapil Sharma were going towards Tilla Bridge on 12.4.2011, at about 2.30 PM. They saw the accused coming from Thanagarh towards Tilla Bridge on foot. She returned after seeing the police party. She had a black bag (Ex. P2) in her right hand. She threw the bag and started running away. The police apprehended her with the help of LC Uma Devi. Gautam Ram (PW1) an