SUPRIYA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner Supriya has approached this Court for releasing her on bail, in case FIR No.85 of 2020, dated 16.9.2020, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act), in Police Station Parwanoo, District Solan, Himachal Pradesh.

(2.) As per Status Report, filed on behalf of respondent- State, petitioner, alongwith two others, on 16.9.2020 at 4.50 pm, was found travelling in Car No.HP01S-1917 from Chandigarh side towards Solan, wherefrom, during checking of the vehicle, 39.11 grams heroin was recovered from the space located in front of co-driver seat below the Dash Board. Following the procedure prescribed under law, recovered heroin was seized and taken in possession, and Ruka was sent for registration of FIR and lateron petitioner, alongwith co-accused namely Ankush Thakur and Mukesh Thakur, was arrested at 9.30 pm, after getting permission from learned Additional Chief Judicial Magistrate, Kasauli, as petitioner was a woman and could not have been arrested without following the provisions of Section 46(4) of the Code of Criminal Procedure (for short 'Code').

(3.) During investigation, Call Detail Report of the phone of the petitioner as well as the co-accused has also been obtained. Tower location on 15.9.2020 of the mobile phone of the petitioner was found at Parwanoo and thereafter on 16.9.2020 in Haryana, Punjab and Delhi and on the same day the location of return journey was also found.