REETA Vs. STATE OF H.P

JUDGEMENT

(1.) The petitioner is accused of possessing commercial quantity of Tramadol Hydrochloride, hence FIR No. 148/2019, under Section 22 of the Narcotic Drugs and Psychotropic Substance Act (in short NDPS Act) was registered against her on 18.11.2019 at Police Station, Damtal, District Kangra. Through the instant petition, the petitioner, who is behind the bar w.e.f 10.2.2020, is praying for her release on regular bail.

(2.) The case against the petitioner is that a police party while on patrolling duty on 18.11.2019 received a secret information about the petitioner's involvement in drug trafficking The information was to the effect that an immediate raid at petitioner's place could lead to recovery of huge quantity of intoxicating capsules. Upon receipt of this information, Section 42(2) and other provisions of NDPS Act were complied with and search of the tea stall run by the petitioner was carried out in presence of independent witnesses in accordance with law During the course of the search, inside the khokha (tea stall) of the petitioner, a black coloured polythene was recovered, which was eventually found to be containing 501 'Ridley' capsules. The State Forensic Science Laboratory, Junga in its report has confirmed the Ridley capsules to be sample of psychotropic substance Tramadol Hydrochloride. According to the prosecution, the weight of the total capsules, so recovered during search, was 316.9 grams inclusive of polythene packet and minus the packet, the weight of the powder of the recovered capsules was 267.033 grams. Further according to the report, weight of tramadol in one capsule was 100.34 milligram An earlier bail application moved by the petitioner was dismissed by the learned trial Court on 9.3.2020.

(3.) Learned Counsel for the petitioner submitted that petitioner is a lady, aged about 40 years. She has been falsely implicated with the offence alleged against her. She is in incarceration w.e.f. 10.2.2020. Entire investigation in the matter is complete. The challan was presented as far back as on 7.4.2020, hence, in these circumstances, he prayed for releasing the petitioner on bail Opposing this prayer, learned Additional Advocate General submitted that petitioner is accused of possessing commercial quantity of psychotropic substance, therefore, provisions of Section 37 of NDPS Act will be attracted. In the light of Section 37 of NDPS Act, the petitioner has not made out a case for release on bail.