HANSO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner is seeking bail in case F.I.R. No. 12/2023, dtd. 7/1/2023, registered at Police Station Sadar, District Mandi, H.P., under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act").

(2.) The prosecution story, in brief, is that on 7. 01.2023, the police party had laid a nakka at Bindravani Four lane road. Around 12:30 p.m., a Punjab Roadways bus, bearing registration No. PB65 BB 4890 came from Pandoh side, which was signaled to stop. Thereafter, the police party started checking the bags of the occupants of the bus and when they proceeded to check the bag of the lady sitting on seat No. 29 and asked her as to what she was carrying in her bag, she got perplexed. On suspicion, the police party tried to associate independent witnesses amongst the occupants of the bus, but they refused to become witness, as such, the police party asked the Driver and the Conductor of the bus to become witnesses in the proceedings and they agreed to become witnesses. On asking, the Driver of the bus disclosed his name as Kulbir Singh and Conductor of the bus disclosed his name as Lakhbir Singh, in whose presence, name of the lady was asked and she disclosed her name as Hanso (petitioner herein), resident of Patiala (Punjab), who was carrying a bag with her. On opening of the small zip of the said bag, a bus ticket was found. On opening of the big zip, a red coloured ladies coat was found and when pocket of the said coat was checked, a blue coloured carry bag was found, which was tied with knot. When knot of the said carry bag was opened, a black coloured substance in round shape was recovered, which on the basis of experience was found to be charas/cannabis. On weighment, the contraband was found to be 496 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the petitioner. Consequently, the petitioner was arrested.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. He has further contended that investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner and as such, the petitioner, who is a lady and is in custody since her arrest, is required to be released on bail.