SHRESHTA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by Whether reporters of Local Papers may be allowed to see the judgment? the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 81 of 2021, dtd. 14/7/2021, under Ss. 21, 22, 29/61/85 of ND and PS Act, registered at Police Station Damtal, District Kangra, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, she is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as she is permanent resident of the place. No fruitful purpose will be served by keeping her behind the bars for an unlimited period, so she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 14/7/2021, around 1:30, while police party was patrolling in connection with detection of cases under Excise/ND and PS Act, police received a secret information that accused Vikas Kumar alias Kaka and his mother Smt. Shresta Devi (petitioner herein) are involved in selling Narcotics Drugs to the customers in their residential house and if raid is conducted, a huge quantity of contraband can be recovered from their possession. Since information received was reliable and in obtaining the search warrant, there was possibility that the contraband would be destroyed/shifted to some other place, information under Sec. 42(2) Cr.P.C was sent to SDPO/ASP Nurpur through Constable Ashwani Kumar and thereafter Investigating Officer constituted a raiding party by associating two independent witnesses, namely Amit Kumar and Suresh Kumar. At about 2:05 pm, when raiding party reached the house of Vikas Kumar alias Kaka, petitioner Shreshta Devi on seeing the police fled away towards Chakki Khad and Vikas Kumar @ Kaka was found present in his house. Police party gave their personal search to the accused and nothing incriminating was found they conducted the search of the house of Vikas Kumar in his presence. During search, double bed lying in the house of the accused was opened and a yellow polythene was recovered. On opening the polythene, another polythene, containing 6 grams of heroin/Chitta, was recovered. One more polythene containing 429 capsules of "Ridley" weighing 282 grams was also recovered. Thereafter, all the coddle formalities were completed, prepared the spot map, recorded the statements of the witnesses and arrested the co-accused. On 7/9/2021 the petitioner surrendered before the Court and her bail application was dismissed and she was arrested. After completion of the investigation, police presented the challan in the learned Trial Court on 9/9/2021 and the case is now listed for prosecution evidence on 29/10/2022. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a heinous crime and in case she is enlarged on bail, she may tamper with the prosecution evidence and may also flee from justice.