KASHMIRO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of an offence punishable under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), registered vide F.I.R. No. 129/2023, dtd. 25/8/2023, at Police Station Puruwala, District Sirmour, HP. The petitioner has been in judicial custody for the last seven months. The police have filed the charge sheet against the petitioner and the matter is pending before the learned Additional Sessions Judge, Nahan, District Sirmour, HP. The petitioner has one daughter and a son and there is no other person except the petitioner to look after them. The petitioner has a business of dairy farming and the same is getting adversely affected by the petitioner's incarceration. The petitioner is a permanent resident of district Sirmour, H.P. She has roots in the society and there are no chances of her absconding. The petitioner would abide by all the terms and conditions, which may be imposed by the Court while releasing her on bail. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The petition is opposed by filing a status report, asserting that the police party was on patrolling duty on 25/8/2023 when a secret information was received that Latif @ Shera and his wife, the present petitioner, were selling narcotics drugs and in case of search, huge quantity of drugs could be recovered from them. The police party searched the petitioner's house in presence of the witnesses after completing all codal formalities. The police recovered seven boxes containing 1400 Primyvon"Spas capsules, four boxes containing 960 Spas"Parvion Plus capsules and two boxes containing 1200 tablets of Alprazolam. The police also recovered an amount of ? 1,86,710/-. The police seized the drugs and arrested the petitioner and her husband. The drugs were sent to the SFSL, Junga and the result of analysis shows that the total weight of tramadol capsules was 551.040g and the total weight of Alprozalam tablets was 73.200 g. The challan was prepared and presented before the Court.

(3.) I have heard Ms Kanta Thakur, learned counsel for the petitioner and Ms Archana Negi, learned Deputy Advocate General for the respondent/State.