RAJNI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking bail in case FIR No. 138 of 2021, dtd. 23/10/2021, registered in Police Station Palampur District Kangra, H.P. under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short "NDPS").

(2.) Status Report stands filed. Record was also made available.

(3.) As per prosecution case on 23/10/2021, Police Party of Narcotics and Mining Prevention and Detection Cell Kangra at Dharamshala was checking the vehicle near Nugalpul towards Menja. At about 12.15 P.M. a car bearing H.P.66-8418 came from Manja Pul side, wherein apart from driver one lady was also sitting on front seat. When ASI Virender Singh started questioning the driver, the driver was perplexed raising suspicion of some illegal activity whereupon, after joining independent witness Sanjeev Kumar and accompanying Police Officials, car was searched. During search a carry bag containing solid substance, was found kept in the feet of driver. On opening and checking the bag, black colored substance was recovered from it, on the basis of smell and experience and as also stated by occupants of Car, was found to be charas. On weighing, it was found 1.204 Kilograms. Completing prescribed formalities, charas was seized and after sending rukka, FIR was registered in Police Station, Palampur and thereafter occupants of Car, i.e. Birbal, driver and Rajni (petitioner) were arrested and Car was also impounded. As per status report, during investigation, both accused were interrogated intensively and after obtaining Call Details Record, it was also studied minutely, but neither source of charas could be asserted nor any suspicious number was found in the Call Details Record. On verification of financial activities, including moveable and immovable property of the accused, no fruitful information could be gathered nor any corresponding or any other suspicious transaction was found in their accounts during last one year.