Decided on March 05,2021

KANTA Appellant


Chander Bhusan Barowalia,J. - (1.) The instant is a third successive bail application maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release in Crime No. 26 of 2019, dated 28.05.2019, under Sections 8, 20 and 29 of the ND & PS Act, registered by Narcotic Control Bureau, Sub-Zone, Mandi, H.P.
(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. She is permanent resident District Kullu, H.P., thus 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.) Reply to the petition stands filed. Tersely the facts of the case are that on 28.05.2019, NCB, Chandigarh, was secretively informed that one Jagdish Kumar (co-accused) is involved in drug trafficking and huge quantity of charas has been delivered by him to one Munish Kumar (co-accused). Acting upon the information, NCB, Chandigarh, constituted a team for taking action as per the law. On 28.05.2019, around 08:30 p.m., the above team reached Sundernagar and intercepted car, having registration No. HP32A-4988, which was being driven by co-accused Munish Kumar. Co-accused Munish Kumar disclosed that he was waiting for his friend, so he was detained. Subsequently, vehicle, having registration No. HP32A-4776, was stopped and its driver disclosed his name as Jagdish Kumar (co-accused). Thereafter, Investigating Officer of the NCB Team disclosed his identity and co-accused divulged that a consignment of charas is in his car, which he was to deliver to co-accused Munish Kumar. The NCB team associated two independent witnesses and in their presence, recovered 33 packets from vehicle No. HP32A-4776, each packet was wrapped with white transparent polythene packet and inside the packets there was some dark brown substance in round shape, which was charas. On weighment, the total contraband was 19.350 Kgs. Thereafter, the NCB team completed all the codal formalities. The co-accused persons were arrested and during the course of interrogation they divulged that co-accused Jagdish received the contraband from one Raj at the instance of one Kanta (petitioner herein) and they paid her Rs.7,00,000/- (rupees seven lac). In sequel, on 29.05.2019, the NCB team alongwith independent witnesses reached the house of the petitioner and the petitioner disclosed her identity as Kanta (petitioner). During the search, Rs. 7,78,000/- were recovered from the petitioner and the said money was kept in a transparent polythene packet. A passport in the name of one Rajkumar was also recovered and said Rajkumar was arrested by NCB, Chandigarh, in connection with NCB Crime No. 49 of 2018, and was in judicial custody at Chandigarh. Thereafter, the NCB team completed all the codal formalities. During the course of investigation, the petitioner divulged that she obtained the contraband from one Raj of Rashol and revealed his mobile number. However, upon inquiry no such person was found in the area of Rashol. As per the NCB, accused persons Jagdish Kumar, Munish Kumar and Kanta (petitioner herein) were involved in drug trafficking. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found actively involved in transporting 19.390 kgs of charas, which is a commercial quantity. In case the petitioner, at this stage, is enlarged on bail, there is every possibility that she may flee from justice or tamper with the prosecution witnesses, so the bail application may be dismissed.;

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