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2022 Supreme(P&H) 1812

ANOOP CHITKARA
Abida – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Lokesh Vohra, Advocate, for the Appellant; Mr. Rajat Gautam, DAG, Haryana, Advocate, Ms. Aashna Gill, Advocate (Amicus Curiae), for the Respondent.

JUDGMENT

Anoop Chitkara, J. -

FIR No.

Dated

Police Station

Sections

0171

15.03.2021

Sector 58, District Faridabad

21 of NDPS Act, 1985

A woman, aged 25 years, incarcerating since Mar 14, 2021 for violating section 21 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), on account of the recovery of 41 kg. 200 grams of Ganja from the boot of the car, owned by her husband, and 10 kg 300 grams from the vehicle (MUV) of Fakrudin allegedly sold to him by petitioner's husband and his accomplices after taking it from the car, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973, (CrPC) seeking bail on the ground that she had married just two months earlier, was totally unaware of the activities of her husband, and had inadvertently become a partner in the alleged crime.

2. In paragraph 6 of the petition, it is declared that the accused has no criminal history.

3. The gist of the allegations is that on Mar 15, 2021, the police had received a secret information that Innus, Mubin, accompanied by a girl, were transporting ganja in a car, and would also be selling it to Fakruddin. The specific information was regarding the supply of ganja from Orissa for tha

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