SHIVANI Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these petitions are being decided together as these arise out of the same FIR and involve common questions of facts and law.

(2.) Petitioners are accused in Case FIR No.52 of 2023, dtd. 27/2/2023 under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act"), registered at Police Station Sadar Shimla, H.P.

(3.) Petitioners herein are husband and wife in relation. On 27/2/2023, when a police official named HASI Chet Ram had visited home stay named "Four Season B&B", near Auckland Tunnel, Shimla for routine checking, the Manager of the said home stay had disclosed that on the night of 24/2/2023 the petitioners had visited "Four Seasons B&B" in Car No. CH-03V-7374 and stayed in room No.102. They had parked their car on the road in near vicinity. On 25/2/2023, they had left the hotel by leaving the keys with the Manager on the pretext that they were going out and would return back. They had instructed the Manager of the hotel that their luggage was lying inside the room and room could be got cleaned in their absence. They had also left their vehicle parked on the road near "Four Season B and B". Petitioners did not return to the home-stay till date. The room was checked by the police and from the bag of the petitioners 18 grams of heroin/chitta was recovered besides a large number of small polythene pouches. The case was registered and petitioners were arrested.