SHEELA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 598 grams of Charas, the petitioner, who is under arrest, on being arraigned as accused in FIR Number 05 of 2020, dated Jan 4, 2020, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (after now called " NDPS Act "), in the file of Police Station Sundernagar, Distt. Mandi, HP, disclosing non-bailable offences, has come up before this Court under Section 439 CrPC, seeking regular bail.

(2.) Status report stands filed and taken on record. I have seen the status report(s) as well as the Police file, to the extent it was necessary for deciding the present petition, and heard learned Counsel for the parties. Whether reporters of Local Papers may be allowed to see the judgment?

(3.) The gist of the First Information Report and the investigation is that on Jan 4, 2020, a police party was conducting traffic checking and had erected check post at a place known as Pungh in Police Station Sundernagar, Distt. Mandi, H.P. At around 10.30 a.m., a bus came from Sundernagar side which was bound for Chandigarh. The police party signalled the bus driver to stop the bus. After that the police party entered into the bus from both the windows. While checking the passengers and their luggage when the police party arrived near seats No. 20 -21, then the person who was sitting on seat No. 20 was found carrying a bag on his lap. The police party asked him to get the bag checked, on which he became perplexed. After that, the police party associated driver and conductor of the bus and conducted search of the said bag. The said person revealed his identity as Sachin Kumar. On checking the bag the police recovered charas which on weighment measured 598 grams. Subsequently, the police party also complied with the procedural requirements under the NDPS Act and the CrPC and arrested the said person. The police produced the said person before the concerned Judicial Magistrate who sent him to police custody for interrogation. During interrogation Sachin Kumar informed the police that he had purchased the recovered Charas from Sheela Devi, the petitioner herein. On this the police arrested the petitioner Sheela Devi on 13.01.2020.