SUMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks regular bail in FIR No.11/2021, dated 25.01.2021 registered under Section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Damtal, District Kangra.

(2.) I have heard learned counsel for the parties and gone through the status report filed by the respondent-State as well as the documents placed on record.

(3.) The prosecution case in nutshell is that on 25.01.2021, while a police party was on patrolling duty near Excise Barrier Toki, it received a secret information at around 9.35 P.M. that one Sh. Aanchal and his family members were doing business of selling of Heroin in their house and further that a raid of their house at that point of time could lead to recovery of huge quantity of heroin. Since the information was reliable, therefore, the procedure as contemplated in law was followed by the police officials. Search of the house belonging to said Sh. Aanchal was carried out at around 10.10 p.m. in presence of SubDivisional Police Officer. During search, Aanchal alongwith his two daughters including bail petitioner and minor son Sarang was present in the house. His other son Sikandar was not present there. The raiding party dug up the courtyard within the boundary of the house. This digging led to recovery of a steel box containing Rs.1,74,000/- from one place and from the other place a carry bag was recovered containing a brown coloured substance, which was ascertained as Heroin. The contraband weighed 377.8 grams. All codal formalities were completed. The recovery of contraband led to registration of the FIR in question. Petitioner alongwith her family members present in the house were arrested on 25.1.2021. Since then, petitioner is in custody.