ANU RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court by invoking provisions of Sec. 439 of Cr.P.C., seeking regular bail in case FIR No. 90 of 2021, dtd. 14/6/2021, registered in Police Station Gagret, District Una, H.P. under Ss. 20, 21, 29 and 8C of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) Status report stands filed, wherein circumstances, in which, on 14/6/2021, 4 Kg 846 gram charas has been recovered from the land adjacent to the residence of petitioner, have been narrated in detail.

(3.) It is case of the prosecution that husband of petitioner was apprehended along with 5.64 grams Chita while he was trying to flee from the spot on seeing the Police and during interrogation Arvind Rana disclosed that he was not involved in selling/purchasing chitta/heroin but was dealing in business of charas. In the meanwhile, by that time, a reliable information was also received that he (Arvind Rana) i.e. husband of the petitioner was involved in selling charas from his house and there was possibility of recovery of huge quantity of Bhang/ charas from his house and, therefore, house of petitioner and her husband was raided by the Police in presence of Ward Member and Up Pradhan of Gram Panchayat Kuthera Kheria. During raid, 86 grams yellow metal like Gold, 195 grams white metal like Silver, small electronic weighing machine and currency notes of Rs.1,70,495.00 were recovered. Apart from recovery of aforesaid articles and money, 1 Kg 460 grams charas was also recovered from a pit beneath the floor under old iron counter and 3 Kg 386 grams charas was recovered from a pit under the Mango tree in the courtyard of the house and as such total 4 Kg 846 grams charas was recovered. As per status report, charas recovered from the pits was concealed immediately before the raid as there were signs of fresh digging. As per prosecution case, during interrogation petitioner had disclosed that after receiving information about arrest of her husband, she had concealed the charas lying in the house to avoid recovery thereof.