JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release, in case FIR No. 197 of 2020, dated 25.12.2020, under Section 29, 29-61-85 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. She 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, so she be released on bail.

3. Police report stands filed. Tersely, as per the prosecution story, on 25.12.2020, around 05:45 p.m., a police team was on routine patrol duty near Indora Modh, where they received a secret tip-off that that one Ruby (petitioner herein) deals in heroin and operates from her house. Acting upon the secret tip-off, police associated independent witnesses and reached the residence of the petitioner, where the petitioner and one Aman Verma (co-accused) were present. Thereafter, the house of the petitioner was searched and a transparent polythene packet was recovered, which contained some substance and, on being examined through Drug Detection Kit, it was found to be heroin, weighing 86 grams. Thereafter, all the codal formalities were completed. Police prepared the spot map and arrested the petitioner as also the co-accused (Aman Verma). During the course of interrogation, the petitioner divulged that they had purchased the contraband from one Rajat Kumar for Rs. 1,50,000/-. The recovered contraband, on being chemically examined, found to be Diacetyl Morphine (Heroin). As per the police, Rajat Kumar has been booked in another ND&PS case and is in judicial custody. Co-accused Raj Kumar was also arrested in the instant case. There are two more cases of ND&PS pending against the petitioner. On 24.02.2021, after completion of investigation, challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is habitual offender and she sells narcotics illegally. There is possibility that in case at this stage, if the petitioner is enlarged on bail, she may flee from justice and may tamper with the prosecution evidence, so her bail application be dismissed.

4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. The learned Counsel for the petitioner have argued that the petitioner has been falsely implicated in the present case. They have further argued that 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 the petitioner behind the bars for an unlimited period, as investigation is complete, nothing remains to be recovered at the instance of the petitioner and challan stands presented in the learned Trial Court. The custody of the petitioner is not at all required by the police for investigation, so the bail application be allowed. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence and it is not the first time that she was found illegally possessing the contraband, earlier also she has been booked twice under the ND&PS Act, so she is a habitual offender and in case, at this stage, she is enlarged on bail, she may tamper with the prosecution evidence and may also flee from justice. It is prayed that the bail application of the petitioner be dismissed.

6. In rebuttal the learned Counsel for the petitioner have argued that the petitioner is neither in a position to flee from justice nor in a position to tamper with the prosecution evidence, as she is perma