SANTA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) - Heard. The bail petitioner in this case has been arrested by the Police on 13-3-1999 in case F.I.R. No. 9/1999 dated 13-3-1999 under Section 20 of the Narcotic Drugs & Psychotropic Substances Act. 1985 (herein after referred to as .the Ace). Presently she is in judicial custody. The charge-sheet however against her has been presented and the case is stated to be at the stage of prosecution evidence.

(2.) The learned Counsel for the bail petition has pressed into service two grounds in support of the prayer for bail.

(3.) The first contention is that the accused-petitioner was found in possession of only 250 gms. of charas which is such a small quantity which is capable of being planted with a view to falsely implicate the accused-petitioner in the commission of the offence. The argument is prima facie fallacious for the reason that 250 gms. of charas is not too small a quantity which the police will procure only to implicate the accused. Had it been only a case of planting the charas with a view to implicate the accused-petitioner even a much smaller quantity would have been sufficient On the strength of this submission it cannot, therefore be said that there are grounds to believe that the bail-petitioner has not committed the offence alleged to have been committed by, her.