ORDER (ORAL)

1. This is an application preferred under Section 439 Cr.P.C read with Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

2. Heard Mr. K.Ch. Gautam learned counsel for the applicant who has submitted that Smti X [name withheld as she is an HIV positive patient and as provided under Section 34 (I)(a) of The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 ] was arrested on 16.03.2023 from her residence at Demthring, Shillong in connection with Khliehriat P.S. Case No. 22(3)2023 under Section 21(b)/29 NDPS Act.

3. It is submitted that on 16.03.2023 on receipt of information by the police at Khliehriat, East Jaintia Hills that a person travelling in a vehicle was in possession of drugs, random checking of vehicles was conducted and, in the process, one vehicle being tourist Tata Sumo No. ML-05K-2432 was intercepted and on search being conducted one black backpack belonging to Smti. Lalduhwami Ralte was found to contain five plastic soap boxes containing yellowish colour powder which, on preliminary test being made gave a positive result for heroin. The quantity later seized was found to be 5