RUPA GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioner seeks enlargement on bail by filing the instant application. Learned Counsel for the Petitioner submits that she was arrested on 18-01-2020 in connection with Singtam Police Station, East Sikkim, FIR No.03/2020, dated 18-01-2020, under Section 7(a)(b) and 14 of the Sikkim Anti Drugs Act, 2006 (for short, SADA, 2006) and under Section 9(1)(b) of the Sikkim Anti Drugs (Amendment) Act, 2017, on allegations of selling controlled substances.

(2.) Consequent upon the Complaint lodged against her a house search was conducted by the Singtam Police, wherein controlled substances, i.e., 'Spasmo-Proxyvon plus' capsules, and 'Nitrosun 10' tablets, were recovered from her residence.

(3.) Per contra, Learned Assistant Public Prosecutor objecting to the petition for bail submits that the substances were recovered not only from the house of the accused when she was present therein, but large quantities were also recovered from her next door neighbour in the same building, who is co-accused in the matter. The said co-accused in the instant matter is a habitual offender. That, the investigation is being taken up expeditiously and the report of the controlled samples sent for testing to the RFSL Saramsa, East Sikkim, are awaited which is likely to be completed within a few days. On submission of the RFSL Report, the Charge-Sheet shall be filed immediately. In view of the nature of the offence, the matter may not be considered leniently and the petition for bail rejected.