JEETO DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No. 50 of 2018 dated 16.3.2018 registered under Sections 20, 29 of Narcotics Drugs and Psychotropic Substances Act (herein after referred as "NDPS Act" for short) in Police Station Ghumarwin, District Bilaspur, H.P.

(2.) Status report stands filed, wherein it is stated that on 16.3.2018 at about 3:45 P.M., at Masaur Mor (Masaur Curve), a Car Centro No. HP-74-3618 was intercepted and checked, which was occupied by two persons, namely, Manohar Lal and Bablu and during checking, person sitting on the driver seat had tried to hide a bag with his legs after putting it on the foot mat. On checking, 5.031 KG charas was found in the said bag, which was seized in accordance with law.

(3.) During police remand, aforesaid accused were interrogated about the source of the contraband, but they did not disclose anything, whereupon their call details report was obtained, which revealed that on 15.3.2018, they were in District Kullu. Thereafter on interrogating again, accused Manohar Lal disclosed that he had been purchasing charas from one Devi Singh R/o District Kullu, who has been arrested along with charas by the Police of Police Station Bhunter and thus lodged in Kanda jail and on 14.3.2018, he had contacted Jeeto Devi (petitioner) wife of aforesaid Devi Singh on her mobile about availability of 5 KG charas, whereupon petitioner Jeeto Devi had asked them to come on next morning at 7 A.M. at Bhalan in the parking and accordingly they purchased the charas from the petitioner Jeeto Devi on that day.