JEETO DEVI Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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Chander Bhusan Barowalia -
(1.)The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release in case FIR No. 151 of 2019, dated 23.11.2019, under Section 22 of the ND&PS Act, registered in Police Station Damtal, District Kangra, H.P.
(2.)As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping her behind the bars for an unlimited period, so she be released on bail.
(3.)Police report stands filed. As per the prosecution story, on 23.11.2019 a police team was on patrol duty and they got a tip-off that the petitioner is involved in selling narcotics. Police associated two independent witnesses and a raiding party was formed. At about 05:20 p.m. the raiding party reached near the house of the petitioner, where the petitioner was found standing. Police conducted the search of the house of the petitioner and found a plastic bag, which contained a transparent bag containing Ridley capsules. In total 180 capsules were found and the petitioner divulged that these are narcotic capsules. Upon weighment, the capsules were found to be 117.21 grams. Thereafter, the police completed all the codal formalities. A case was registered and the petitioner was arrested. Police prepared the spot map, photographs were taken as also proceedings were videographed and statements of the witnesses were recorded. The contraband was sent for chemical examination and it was found containing Tramadol Hydrochloride (100.36 mg per capsule). Cumulatively, in 180 capsules 18.064 grams of Tramadol Hydrochloride was found. As per the police, during the course of investigation it was uncovered that the petitioner is also involved in other cases of Excise and ND&PS Act and thus she is spreading the menace of narcotics in the society. As per the police, challan stands presented in the learned Trial Court on 18.02.2020. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, she may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.
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