SONIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, presently in custody w.e.f. 13/9/2020 for possessing 7.79 grams of heroin in FIR No. 135/2020, dtd. 13/9/2020, registered under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (The Act for short) at Police Station Damtal, District Kangra, H.P., is seeking regular bail under Sec. 439 of the Code of Criminal Procedure. Previous bail petition preferred by her was turned down by the learned Special Judge-II, Kangra at Dharamshala, District Kangra (HP), vide office order dtd. 16/10/2020.

(2.) Heard learned counsel for the parties and perused the status report, which is taken on record.

(3.) According to the status report, on 13/9/2020 at around 9.15 PM, a police party on routine patrolling duty noticed the petitioner driving a Scooty. On seeing the police officials, she stopped the Scooty and tried to turn it in a different direction. She appeared to be quite perplexed and in that state could not start the Scooty. Petitioner was thereafter nabbed by the police officials and inquired about her name, address and whereabouts. During search, an envelope was recovered from the dicky of the scooty, opening of which, led to recovery of some substance. On the basis of experience of the patrolling party personnel, the substance was determined as Heroin. Weight of the substance so recovered from the dicky of the Scooty measured 7.79 grams on the electronic scale. Entire procedure contemplated under the Code of Criminal Procedure as well as Narcotic Drugs and Psychotropic Substances Act was followed leading to registration of FIR in question. The bail petitioner was arrested on 13/9/2020 and is in custody ever since.