KUIWINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The material allegations in the F.I.R. in question are as follows: - On 16-5-1999, ASI - Azim Khan alongwith the police party was present while on patrol duty at Bawal Petrol Pump, when a Maruti van bearing No. PB-1O-K-8258 came there but on seeing the police, tried to flee away from there. On suspicion, this Maruti van was chased, stopped and on enquiry, the Driver told his name as Balkar Singh resident of Bihala (Police Station Sadar, Hoshiarpur). Another person sitting on the rear seat gave his name as Gurdev Singh resident of Susa Colony, Hoshiarpur. The lady who was sitting with him, gave her name as Kulwinder Kaur (petitioner herein) wife of Lakhbir Singh resident of Wadia, P.S. Mahilpur (District Hoshiarpur). Since the police suspected about the possession of some contraband, each of them was given the offer to be searched and their consent was obtained. When the search of the Maruti van was conducted in the presence of D.S.P. and a witness - Ashok Kumar, 5 plastic bags each containing 30 kilograms of poppy husk were found in the dicky. The usual formalities of seizure were followed.

(2.) The petitioner approached the Special Judge, Rohtak for bail but was declined the relief. Hence, this petition under Section 439, Cr. P.C. for the same relief.

(3.) I have heard the Counsel for both the sides and perused the records on file.