Point of Law: Quantity of Chitta/Heroin allegedly recovered from possession of petitioner and her companion falls within intermediate quantity and therefore rigors of Section 37 of ND&PS Act, will not be applicable.

JUDGMENT :

SATYEN VAIDYA, J.

1. Heard.

2. Petitioner was arrested on 10.02.2023 in case FIR No. 23/2023, dated 10.02.2023, registered under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Dhalli, District Shimla, H.P. She was arrested from a room of Hotel in Sanjauli during the intervening night of 9/10.02.2023 in the company of a boy. Both the occupants of the room including petitioner were apprehended on a prior information received by the police. One bag was found lying in the room and on its search 21.59 grams of Chitta/Heroin with some foil papers and burnt currency note were found. Petitioner and her companion in the room were arrested after registration of the case. Petitioner is in custody since then.

3. On earlier occasion, petitioner had approached this Court for grant of bail, however, the petition was withdrawn on her behalf on 22.02.2023. Thereafter, another petition was moved for bail by the petitioner being Cr. MP (M) No. 562 of 2023, which was also rejected by this Court on 05.04.2023.

4. This is the third successive bail petition filed by the petitioner. It is settled proposition of law that successive bail petition in the same FIR can only be heard in the changed circumstances. Noticeably, while disposing of Cr. MP (M) No. 562 of 2023, this Court had proceeded on the assumption that petitioner and her companion were indulging in trade of contraband and since such trade was affecting a large number of adolescent population, she was not held entitled for bail. However, on 11.05.2023, while hearing the instant petition, learned counsel for the petitioner had made a submission that as per his instructions, petitioner herself was an addict. On such submission, direction was issued to the respondent-State to get the petitioner medically examined. In compliance, the status report has been filed today, which is accompanied by the certificate issued by Senior Resident, Department of Psychiatry, I.G.M.C. Shimla. The certificate reveals that on 10.02.2023, petitioner had been examined in the Psychiatry Department of I.G.M.C. Shimla and it was found that she was used to taking opioids. Though, presently no traces of user of opioids were found, still it has not been opined that the petitioner is not an addict.

5. Thus, there are circumstances which can be considered to be different than the circumstances under which previous bail petition was considered and in this view of the matter, the merits of the instant petition can be considered afresh.

6. The instant bail petition has been filed by Sh. Pramod Chauhan, who is father of the petitioner. The age of the petitioner presently is about 23 years. From the contents of the status report submitted today, there are reasonable grounds to believe that the petitioner has herself been the victim of drug abuse.

7. Mr. Akhil Chauhan, who is the brother of the petitioner is present in the Court today. He has stated that neither he nor his parents were aware about the addiction of the petitioner. However, since now they have become aware about such fact, the entire family is ready to take appropriate steps for cure and rehabilitation of the petitioner.

8. The quantity of Chitta/Heroin allegedly recovered from the possession of the petitioner and her companion falls within the intermediate quantity and therefore rigors of Section 37 of ND&PS Act, will not be applicable. Petitioner has already suffered custody since 10.02.2023. The certificate issued by Senior Resident, Department of Psychiatry, I.G.M.C. Shimla, H.P. also shows that though on 10.02.2023, petitioner was found to be an user of opioids, but no evidence of such user was found on her fresh examination on 26. 05.2023. It means that petitioner during her custody has remained without the drug which automatically has worked as detoxifying factor for her.

9. In view of the fact that petitioner has been found to be an addict, the interest of justice will be served by allowing