SARISHTA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 438 of the Code of Criminal Procedure, for grant of anticipatory bail in case FIR No. 81/2021, dtd. 14/7/2021, under Ss. 21, 22 and 29 of the ND & PS Act, registered at Police Station Damtal, District Kangra, 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, so she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 14/7/2021, at about 1:30 p.m., a police party was on patrol duty at Bhadroya toll barrier, where they received a secret information that Vikas Kumar alias Kaka (co-accused) and present bail petitioner, who is mother of Kaka, are drug peddlers and if there house is searched, huge contraband can be recovered. Due to lack of time, the police did not obtain any search warrant, as in that event the contraband can be relocated. Around 2:05 p.m., when police party reached at the house of accused, she after seeing the police party, fled towards Chakki Khadd. However, her son Kaka was present in the house, who was informed about the procedure and police party gave him their personal search. Thereafter, the police conducted the search of the house and entered into the room of Kaka, where near the bed two polythene packets were kept lying. When the first packet was opened and checked, it was containing light brown coloured substance and when it was checked with drug detection kit, it was heroin/chitta. On weighment, it was found to be 6 grams. When the police opened and checked the second packet, it was containing 429 maroon coloured capsules, which on weighment were found to be 282 grams. Thereafter, the police completed all the codal formalities and registered a case. Accused Kaka was arrested. During the course of investigation, the recovered contraband was sent to SFSL, Junga, for its chemical analysis and as per its report, actual weight of recovered heroin/chitta is 5.712 grams and it is a sample of Diacetyl Morphine, whereas, total weight of capsules is 277.563 grams and total weight of powder is 235.092 grams. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence and there is every possibility that in case at this stage she is enlarged on bail, she may flee from justice and may also tamper with the prosecution evidence.