KANS RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks regular bail in FIR No.143/2021, dtd. 8/9/2021, registered under Sec. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act') at Police Station Indora, District Kangra, Himachal Pradesh.

(2.) The prosecution case is that on 8/9/2021, a police party was patrolling the area within its jurisdiction. At about 4.30 p.m. near Railway Crossing Milwan, while police personnel were chatting with Pradhan and Up-pradhan of Gram Panchayat Milwan, they noticed a lady coming on foot from Railway Crossing side. She was holding a bag in her hand. Seeing police personnel, she apparently became perplexed and changed the direction of her footsteps. Finding her actions suspicious, a female constable present in the patrolling party, was sent after her. Immediately thereafter, the lady threw the bag held by her on the road side and also threw a packet taken out from her shirt. She was nabbed and identified as Mandeep Kaur. Her search was carried out in accordance with law. During her search, 31.1 grams of Heroin was recovered, which led to registration of FIR in question. She was arrested on 8/9/2021.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated with the offences in question. The contraband was recovered from Mandeep Kaur and not from the bail-petitioner. Co-accused Mandeep Kaur, from whose possession the contraband was recovered, has already been granted bail by the learned Special Judge-II, Kangra at Dharamshala on 1/10/2021, therefore, the case of the petitioner, who is a co-accused under Sec. 29 of the NDPS Act, deserves to be considered accordingly. Learned counsel further submitted that the bail-petitioner will abide by the terms and conditions of the bail and shall not make any threat, promise or inducement to the prosecution witnesses.