IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.559 of 2008. Date of decision: 17.6.2008. Angrejo Devi ………. Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Aman Sood, Advocate. For the Respondent : Mr. Ansul Kumar Bansal , Additional Advocate General. Kuldip Singh, Judge. (Oral) 1. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.365/07 dated 30.10.2007 registered at Police Station, Paonta Sahib under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short Act). The respondent has filed the status report. 2. Heard and perused the record. The prosecution case in brief is that on 30.10.2007, Inspector Narvir Singh Rathore was patrolling at about 8.50 PM on Nihalgarh road, he received secret information that Dula Ram and Angrejo Devi jointly deal in sale and purchase of poppy husk and some quantity of poppy husk had been kept in the house of Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 Angrejo Devi The secret information was firm and believable, therefore compliance of Section 42 (2) of the Act was made and information was sent to Sub Divisional Police Officer through constable Dhanbir Singh, who returned at about 9.50 PM with acknowledgment of compliance report under Section 42(2) and authorization under Section 41(1) of the Act. A raiding party was constituted which went to the house of Angrejo Devi. Dula Ram and Angrejo Devi were found on the spot. They were told about the search. After taking their consent and in presence of witnesses as well as Angrejo Devi and Dula Ram the house was searched. During search in a room, in front of the kitchen, a pile of sacks was noticed, each sack was checked in presence of the witnesses. On checking poppy husk was found in 16 sacks which were weighed in the flour mill of Harpal Singh located nearby. On weighment 11 sacks were having 26 KG, 4 sacks 27 KG and 1 sack 20 KG, in total 414 KG poppy husk. From each sack 2 samples of poppy husk were taken and sealed. The balance bulk poppy husk was also sealed with seal ‘T’, sample seal was taken on a separate cloth. NCB form was filled in. The 32 samples poppy husk, sacks were taken into possession through memo, signed by witnesses and accused Dula Ram as well as Angrejo Devi. It was found that accused have committed offence under Section 15 of the Act and therefore, a ruka was sent for the registration of case through constable Deepak Kumar. On the basis of ruka FIR was registered. The statements of witnesses were recorded. Dula Ram and Angrejo Devi were arrested on 31.10.2007. The samples were sent for chemical examination to FSL Junga and as per report of the Chemical Examiner, the exhibits P/1 to P-16 are the samples of poppy husk. On completion of investigation challan was presented before the learned Sessions 3 Judge on 25.4.2008 and now the case has been fixed on 16.7.2008 for consideration of charge. 3. On behalf of the petitioner, it has been submitted that petitioner has nothing to do with the alleged recovery of poppy husk in as much as alleged recovery was made from a room which she has rented out to Dula Ram. It has been submitted that petitioner is innocent and she has been falsely implicated in the case. She has earlier filed bail application which has been wrongly rejected by learned Special Judge (1), Sirmaur District at Nahan on 24.1.2008. The investigation in the case is complete and no purpose will be served by detaining the petitioner during the trial. The petitioner is ready to furnish bail bonds as per directions of this Court. On these grounds, prayer has been made for releasing the petitioner on bail. 4. The bail application has been opposed by learned Addl. Advocate General on the grounds that huge quantity of 414 KG of poppy husk was made from the house of petitioner. It has been submitted that petitioner as well as co-accused Dula Ram jointly deal in sale and purchase of poppy husk. The petitioner has taken false stand that she had rented out the room to Dula Ram from where poppy husk was recovered. It is not believable that the petitioner was not aware of huge quantity of poppy husk lying in sacks in her premises. In case, the petitioner is released on bail she is likely to influence the prosecution witnesses being local influential woman. 5. The learned counsel for the petitioner has submitted that the room from where the poppy husk was recovered was rented out by petitioner to Dula Ram and she has nothing to do with the poppy husk allegedly recovered from the premises of Dula Ram. It will be seen 4 during the trial whether premises from where the poppy husk was recovered was in exclusive possession of Dula Ram or it was jointly possessed by petitioner and Dula Ram. At this stage keeping in view the quantity of the poppy husk recovered, it cannot be said that petitioner was not aware of the poppy husk recovered from her premises. As per Chemical Examiner report the recovered stuff is poppy husk. It is the case of prosecution that petitioner was dealing in poppy husk and possibility cannot be ruled out, in case she is released on bail, she will again indulge in similar activity. In view of the quantity of poppy husk recovered, it can be safely inferred that petitioner is an influential woman otherwise ordinarily a person would not keep such a huge quantity of poppy husk in his/her premises. In case, petitioner is released on bail she is likely to influence the prosecution witnesses. The defence of the petitioner cannot be seen at this stage. The petitioner has failed to make out any case for grant of bail. Hence petition dismissed. 6. The observations made in this order are for disposal of this application and these shall not be treated as expression of opinion on the merits of the case. ( Kuldip Singh) Judge June 17, 2008 (sks)