SAPNA GULERIA Vs. STATE OF H P

JUDGEMENT

(1.) This is a regular bail application, moved by the petitioner, who has been charged of the offences punishable under Sections 18, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner, in support of her case, has annexed copies of the statements recorded by the learned trial Court. A perusal thereof indicates that prima facie</i> recovery of 'charas' has been effected from the conscious possession of the petitioner and, therefore, at this stage, petitioner cannot claim herself to be innocent.

(2.) It is well settled that at the stage of grant of bail, the Court is only required to look into and determine as to whether prima facie</i> case against the accused is made out or not. Since the statements, as annexed with the petition, indicate that prima facie</i> the petitioner is involved in the commission of offence and, therefore, the bail application is dismissed. However, it is made clear that any observation(s) made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation(s) made hereinabove. Pending applications, if any, also stand disposed of.