IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 19^th DAY OF APRIL, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) NO. 115 Of 2022 Between:-

VEERO DEVI WIFE OF SH.KANS RAJ, o RESIDENT OF VILLAGE DHAMOTA, PO-LEHRIAN, TEHSIL INDORA &

DISTRICT KANGRA, HIMACHAL PRADESH r …..PETITIONER (BY SH.VIJENDER KATuOCH, ADVOCATE)

AND THE STATE OF HIMACHAL PRADESH C ..…RESPONDENT (BY SH.HEMANT VAID, ADDITIONAL ADVOC ATE GENERAL)

(HC DEVENDER KUMAR NO.140, I.O. POLICE STATION INDORA, DISTRICT KANGRA, H.P., PRESENT IN PERSON)

iWhether approved for reporting?

HReserved on: 06.04.2022 Decided on: 19.4.2022 This petition coming on for pronouncement this day, the Court passed the following:

O R D E R Petitioner has approached this Court seeking bail under Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), in case FIR No.198 of 2021, dated 01.12.2021, registered in Police Station Indora, District Kangra, H.P., under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

2. Status reports stand filed. Record was also made available. Certain documents related to treatment .of daughter of petitioner, injured in Motor accident on 01.01.2022, have also been placed on record alongwith copy o f Pariwar Register and statement of Pradhan Gram Panchayat Milwan, District Kangra, H.P.

3. Prosecution case, in brief, is that on 01.12.2021, at about 6.55 a.m., Police Patrolling Party present at Milwan Chowk, received a reliable information from trustworthy informer that petitioner was involved in selling and purchasing heroin/Chitta from her residence and contraband could be recovered on immediate raid. As there was possibility of disappearance of evidence, information under Section 42(2) of NDPS Act was prepared and sent to Sub-Divisional Police Officer (SDPO) Nurpur, through Constable Dilbag Singh No.1249 and Up-Pradhan Munish Kumar, Gram Panchayat Milwan, was informed about it on Mobile and was asked to reach near house of petitioner alongwith one more person to be associated as independent witnesses. On their arrival, house of petitioner-Veero Devi was searched. During search, a transparent polythene packet containing brown- white powder was recovered, which was identified as heroin/Chitta with the help of Drug Detection Kit. On weighing on Digital Weighing Machine, it was found 9.25 grams. Recovered contraband was taken in possession and seized after following prescribed procedure. After registration of FIR, on the basis of Rukka sent to the Police Station, petitioner was arrested on the same day and after remaining in police custody she was sent in judicial custody and since then she is behind the .bars. Challan has been presented in the Court on 24.01.2022, wherein next date has been fixed for consideration on 0 7.05.2022.

4. It has also been stat o ed in the status reports that petitioner is habitual offender and previously she remained in judicial custody from 15.03.2017 to 29.03.2017 in case FIR No.40 of 2017, dated 14.02.2017 for recovery of 8.60 grams of Chitta/heroin, and from 29.02.2020 to 14.06.2020 in case FIR No.33 of 2020, dated 26.02.2020 for recovery of 6.68 grams of Chitta/heroin from her and, therefore, it was prayed that she is not entitled for bail.

5. Learned counsel for the petitioner, referring Pariwar Register, has stated that apart from husband, family of petitioner consists of three sons namely Ajay Kumar, Naamveer and Vijay Kumar and three daughters namely Sapna, Shakuntala and Nisha. He has further stated that petitioner’s husband Kans Raj is in judicial custody in another case registered under NDPS Act. Whereas, Ajay Kumar after marriage is residing alongwith his wife in his in-laws’ house at Village Piran Bhag, Post Office Hayat Nagar, District Gurdaspur, Punjab, after separating from his paternal family. Second son Naamveer is 18 years old, who is not mentally fit being specially challenged and is not able to take care of his own pe