NEELAM KUMARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 439 of the Code of Criminal Procedure, for grant of regular bail in case FIR No. 290/2019, dtd. 22/8/2019, under Sec. 20 of the ND and PS Act, registered at Police Station Sadar-Una, District Una, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, she is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no purpose would be served by keeping her behind the bars for an unlimited period, so she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 22/8/2019 a police team had laid a nakka near Indira Stadium on National Highway, leading to Chandigarh. Around 04:15 a.m. police spotted a Tata Safari car, bearing registration No. HP65-A- 9898, coming from Una side and heading towards Mehatpur side, which was signaled to stop, however, the driver of the said car instead of stopping the same, reversed the vehicle and tried to flee. The said vehicle was stopped and the driver was apprehended. At the place, where the car was stopped, police spotted one Shiv Kumar Saini, who was on his routine morning walk, so he was associated as an independent witness. The driver of the vehicle was confused and on asking disclosed his name as Mahinder Singh Patiyal and the female, who was also sitting inside the vehicle, disclosed her name as Neelam (petitioner herein). In presence of the independent witness, the police checked the vehicle and found 11 bags of white cement and when the driver of the vehicle was asked about the cement bags, he could not give any satisfactory reply qua the same. Police also checked the vehicle thoroughly and found an iron sheet screwed, where the spare tyre was kept. Police opened the said iron sheet by unscrewing the iron sheet and found a bag. On opening and on being checked, it was found containing stick shaped substance kept in a polythene packet. The recovered substance was cannabis and on being weighed it was 2.630 grams. Thereafter, the police completed all the codal formalities. Personal search of accused Mahinder Singh Patiyal and the petitioner was conducted. From accused Mahinder Singh Patiyal one mobile phone and from the present petitioner currency notes amounting to Rs.92,820.00 (rupees ninety two thousand eight hundred twenty) were recovered. Police registered a case and the investigation ensued. Spot map was prepared and the statements of the witnesses were recorded. The petitioner was arrested. During the course of investigation it was unearthed that many cases under ND&PS Act and Excise Act have been registered against accused Mahinder Singh Patiyal and in one of the case he has been convicted. As per the police investigation, a case has been registered against the petitioner under Ss. 498A and 504 IPC read with Sec. 34 IPC. During the course of investigation, accused Mahinder Singh Patiyal disclosed that he had purchased the contraband from one Teja at Sairopa, Great Himalayan National Park, Kullu. The recovered substance, on being chemically examined, found to be extract of cannabis.