RIMPY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Rimpy, who is behind the bars since 13.10.2020, has approached this Court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 175, dated 13.10.2020, registered at Police Station Indora, District Kangra, Himachal Pradesh under S.21 of the Narcotic Drugs & Psychotropic Substances Act.

(2.) Status report filed in terms of order dated 4.3.2021, reveals that on 13.10.2020, police personnel present at Nilwan near Jallandhar-Pathankot Highway, saw the present bail petitioner coming from the fields. Since the bail petitioner, after having seen the police, got perplexed, police deemed it necessary to cause her personal search. Accordingly, in the presence of independent witness, police conducted personal search of the present bail petitioner and allegedly recovered 7.15 grams of heroin/Chitta. Since the bail petitioner was unable to render proper explanation qua possession of aforesaid contraband, police, after completing necessary codal formalities, lodged FIR, as detailed herein above, against the bail petitioner and since then, she is behind the bars. Challan stands filed in the competent Court of law and nothing remains to be recovered from the bail petitioner, as such, she has approached this court in the instant proceedings, for grant of regular bail.

(3.) Record reveals that prior to filing of the petition at hand, bail petitioner had approached learned Special Judge-II, Kangra at Dharamshala, but her petition filed under S.439 CrPC, was rejected vide order dated 8.12.2020 on the ground that one case under Act ibid is pending against her.