Bail can be granted to women under NDPS provisions when charges do not involve commercial quantities and sufficient conditions are set to ensure judicial process integrity.

JUDGMENT :

Virender Singh, J.

1. Applicant Neena Devi has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS ’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 180 of 2024, dated 6.11.2024, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND & PS Act), registered with Police Station, Kangra, District Kangra, H.P.

2. The applicant has pleaded the fact that she is innocent person and has falsely been implicated in the present case, as she has no concern whatsoever, with the offence, for which, she has been arrested, by the police.

3. The applicant has tried her luck by moving similar bail application bearing No. 95-K/XXII/2024, before the learned Special Judge-I, Kangra at Dharamshala, District Kangra, H.P. However, the same was dismissed, on 18.12.2024.

4. On the basis of above facts, Ms. Dhanwanti, Advocate, has given certain undertakings, which, the applicant is ready to abide by, in case, ordered to be released on bail.

5. On these submissions, a prayer has been made to allow the bail application.

6. When put to notice, the police has filed the status report, disclosing therein, that SI Gurdev Singh, I.O., Police Station, Kangra, District Kangra, H.P. has submitted the ruqua to Police Station, Ruqua, disclosing therein that he alongwith other police officials, was on patrolling duty, on 6.11.2024 and at about 9:30 a.m., when, they were present at a place known as ‘Voddad Valla’ then, they received a secret information regarding indulgence of Pawan Kumar, S/o Surinder Kumar and his wife Neena Devi (applicant), in the business of selling and purchasing chitta in their house. As per the secret information, in case, the said house of above two persons is searched, then, large quantity of heroin/chitta could be recovered. Said information was found to be authentic and reliable.

6.1 According to the I.O., due to paucity of time, it was not possible for him to obtain search warrant, as such, he has complied with the provisions of Section 42 (2) of the NDPS Act. Thereafter house of the applicant was searched in the presence of two independent witnesses.

6.2 In the house of applicant, applicant and her husband were found. Both of them were apprised about the secret information, which, the I.O. had received. On searching the house, 26.10 grams chitta was found. Thereafter, other codal formalities were completed. Apart from this, 241.200 grams gold jewellery and 1207 grams silver jewellery, alongwith currency worth Rs. 44580/-was also found.

6.3 All the above articles were taken into possession and the applicant and her husband were arrested. Later on, involvement of one Deepak, R/o Hoshiarpur, Punjab was also found.

6.4 According to the Police, against the applicant, FIR No. 189 of 2020, dated 2.10.2020, under Section 21 of the ND & PS Act is stated to have been registered, with Police Station, Kangra, H.P. In the said case, the contraband, allegedly recovered, was 6.10 grams of heroin. However, against the husband of the applicant, as per the status report, 5 cases are stated to have been registered, under the provisions of NDPS Act.

6.5 Investigation, in the present case, is stated to be complete and charge-sheet has been filed, in the competent Court of law.

6.6 Lastly, prayer for bail has been opposed on the ground that the applicant is a clever person, who, alongwith her husband, is indulged in smuggling of heroin and they are affecting the youth of the area.

6.7 Lastly, it has