DALVEERO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 439 of Code of Criminal Procedure (in short "Cr.PC'), seeking regular bail in case FIR No. 65 of 2021 dtd. 1/6/2021, registered under Ss. 21/61/85 of Narcotic Drugs and Psychotropic Substances Act (in short "NDPS Act') in Police Station Damtal, District Kangra H.P.

(2.) Status report stands filed stating therein that on 1/6/2021 during patrolling, police party had received reliable information that petitioner was doing the business of selling heroin/chita at her residential house and on immediate raid sufficient heroin/chita would be recovered. The information was reliable and in case of delay in raiding, there was possibility of disappearance of evidence. Therefore, information was reduced into writing in consonance with provisions of Sec. 42(2) of NDPS Act and was sent to SDPO Nurpur at 4.25 PM. Thereafter, ASI along with police officials with efforts to associate the witnesses moved towards the residential house of petitioner. Near Annpurna Dhaba, Rai Singh Pradhan Gram Panchayat Chhani and Ashwani Kumar Up-Pradhan Gram Panchayat Channi were associated in the raiding party. At the time of raid, petitioner was present in her house. After disclosing identity of police party to her and reasons for raid, with her consent, houses of petitioner and Roshani were raided. During raid, a polythene tied with knot was found. On opening of knot, a whitish brown powder was found therein. With help of Drug Detection Kit, it was identified as heroin/chita. On weighing with digital weighing machine, its weight was found 11.64 grams. Thereafter, following the procedure prescribed under law, recovered contraband was taken in possession and seized and request was sent to Police Station for deputing competent Investigating officer on spot for further investigation after registration of FIR. It is also stated in status report that challan/report under Sec. 173 Cr.P.C. in present case stands filed on 30/7/2021 in the Court of learned Sessions Judge/Special Judge, Dharamshala.

(3.) It is further stated in report that during further investigation, undertaken by another Assistant Sub Inspector, petitioner was arrested. It is stated that State FSL Junga has confirmed the recovered contraband as Diacetyl morphone (heroin). Lastly it is stated in report that earlier also petitioner was found involved in commission of offence under HP Excise Act in case FIR No. 104 of 2001 and FIR Nos. 174 of 2003 and 152 of 2017 registered in Police Station Indora.