MANJEET KAUR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS order shall dispose of Cr.MP(M) No.589 of 2007 and Cr.MP(M) No.590 of 2007 as both have arisen out of FIR No.44 dated 20.1.2007 registered at Police Station Sadar Mandi under Sections 20, 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short Act).

(2.) THE brief facts are that on 20.1.2007 HC Anand Kishor, HC Shyam Lal, HC Chaman Lal and LC Suman Devi at about 3 p.m. were patrolling in maruti van. An information was received that a man and woman in black car No.PB-13 R-1880 were proceedings toward Pandoh and carrying charas. On this nakka party was constituted. In the meantime at about 3.10 p.m. Indica car No.PB-13 R-1880 came which was stopped by the police party. On asking the man on the wheels, he disclosed his name Rajinder Singh and on the front adjoining seat a woman was sitting who disclosed her name Ms, Manjeet Kaur. Consent form was filled in and thereafter search was made. On search of Manjeet Kaur from her person charas weighing 2.700 Kg was recovered . Two samples of 25 grams each were taken separately. A case under the Act was registered against both the accused. The search and sealing formalities were completed. The statements of the witnesses were recorded. The accused were arrested. After completion of investigation challan was put up in the Court on 7.3.2007. The case is pending before learned Fast Track Court, Mandi . The applicants earlier applied for bail on 30.4.2007 and 29.5.2007 and those applications were rejected.

(3.) THE learned counsel for the applicants has submitted that no recovery has been made from accused Rajinder Singh. He has submitted that as far as the accused Manjeet Kaur is concerned, allegations against her that charas weighing 2.700 Kg. was allegedly recovered from her person. He has submitted that keeping in view law lay down by this Court in Dharam pal vs. State of H.P. [Latest Himachal Law Judgments (2007) 827 ] even if it is accepted at this stage that Manjeet Kaur was carrying 2.700 Kg. stuff, in that case also entire stuff was not charas but charas quantity in the alleged recovered stuff was only 27.06 W W , as per State Forensic Science Laboratory, Junga Examination report in the present case. He has submitted that charas allegedly recovered from Manjeet Kaur is less than commercial quantity and therefore rigour of section 37 will not apply.