CHRISTIANCE LAGATTOLLA Vs. STATE OF H P

JUDGEMENT

(1.) Both these applications (Cri. M.P. (M) No. 1099 of 1993, Chiristiance Lagattolla v. State of H.P. and Cr. M.P. (M) No. 1100 of 1993. Daniela Fiegna v. State of H.P.) are proposed to be decided by a common order since they arise out of the same incident and the accused were in occupation of the same accommodation when the incident, as per the prosecution, took place. Shri K.S. Banyal learned counsel for the petitioners, submits that these applications by treated to be petitions under Section 482 of the Code of Criminal Procedure and the First Information Report as well as the proceedings initiated by the Police in this case be quashed in the interest of justice since neither a case is made out nor these is any likelihood of their being convicted by the court in case the trial proceeds. The prayer is allowed.

(2.) The petitioners, both students, visited India and at the relevant time they were at Vashisht, a suburb of Manali - a tourist adopt in the Slate of Himachal Pradesh. According to the police, they were occupying a room in Kulvi Lodge. The police got information that they had purchased charas from someone and, therefore, they wanted the search of the room in their occupation. Accordingly, the police came to the room. It was knocked. After knocking, Christiance Lagauolla opened the door, followed by Daniela Fiegna. The police told them that they wanted the search of the room since they had information that charas possessed by them was kept there. The police also brought to their notice whether they could conduct the search or the same could be done by the Magistrate or any other Gazetted Officer. Consent was obtained and the police proceeded to search the room. From a bag, kept near the window, 800 grams of charas, wrapped in a polythene paper, was found. 25 grams of charas was separated by way of sample and the rest was sealed in the presence of the witnesses. The accused were intimated the grounds of their arrest and information was sent to the superior officer within the stipulated time.

(3.) These applications appeared before the Court on 17.12.1993. Interim bail was granted to the petitioners subject to their furnishing personal bail bond in the sum of Rs; 5000/- to the satisfaction of Chief Judicial Magistrate, Kullu/Lauhal and Spitti. The learned counsel for them was asked to ensure the presence of the petitioners in the Court on December 24, 1993. Today, they are present. They were questioned both the petitioners know English only. The do not know Hindi. They explained that no charas was recovered from their room Police came and asked for their passports and they were taken to the police station. Documents were not signed. They do not know anything about the matter.