REENA KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) Bail petitioner-Reena Kumari who is behind the bars since 18/11/2021, has approached this court in the instant proceedings, for grant of regular bail in FIR No. 184, dtd. 18/11/2021, registered at Police Station Indora, District Kangra, Himachal Pradesh under S.21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Pursuant to order dtd. 15/9/2022, respondent-State has filed status report, perusal whereof reveals that on 18/11/2021, police after having received secret information that the bail petitioner indulges in illegal trade of narcotics, raided her house and allegedly recovered 34.38 gram Chitta/heroin from her house. Since no plausible explanation came to be rendered on record by the bail petitioner qua possession of aforesaid quantity of contraband, police lodged the FIR, as detailed herein above and arrested the bail petitioner. Since investigation is complete and nothing remains to be recovered from bail petitioner, she has approached this court in the instant proceedings, for grant of regular bail.

(3.) While fairly admitting the factum with regard to filing of Challan in the competent court of law, Mr. Sudhir Bhatnagar, learned Additional Advocate General submits that though nothing remains to be recovered from bail petitioner but keeping in view gravity of offence alleged to have been committed by the bail petitioner, she does not deserve leniency and her prayer for bail deserves outright rejection. While making this court peruse record of investigation, learned Additional Advocate General submits that in the past two cases stand registered against the bail petitioner under the Act ibid and entire family of the bail petitioner is involved in illegal trade of narcotics, which fact is substantiated from the fact that her husband is behind bars in a case registered under the Act ibid. He states that in the event of the bail petitioner being enlarged on bail, she may again indulge in such activities and as such, prayer for grant of bail made on behalf of the bail petitioner, may be rejected.