KALPNA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court by way of instant petition under Sec. 439 of Cr.P.C. in case FIR No. 76/2021, dtd. 6/5/2021, registered under Sec. 21 of the Narcotic Drugs and Psychotropic Substances, Act (for short "ND&PS" Act), at Police Station Indora, District Kangra, H.P.

(2.) Petitioner is in custody since 6/5/2021.

(3.) As per prosecution case, on 6/5/2021, at about 4:30 pm, during routine patrol, police party was accompanied by independent witnesses and they noticed petitioner approaching the National Highway. At the sight of police party, petitioner got perplexed. She started walking back and simultaneously took out a polythene packet from her clothes and throwing the same on the road. She was apprehended by police. On search, polythene packet thrown by the petitioner was found containing "Heroin/Chitta" weighing 6.7 grams. The case was registered and petitioner was formally arrested. The challan was presented and the petitioner is undergoing trial.