Sonia v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33130-2020 (O&M) Decided on : 12.01.2021 Sonia . . . Petitioner

Versus

State of Punjab . . . Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Kirat Pal Dhaliwal, Advocate for the petitioner.

Mr. H.S. Sitta, AAG, Punjab assisted by SI Jagdev Singh.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petitioner has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 45, dated 30.03.2020, under Sections 22, 29, 61 and 85 of the NDPS Act, 1985, registered at Police Station STF Mohali.

Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the case in hand and recovery of 260 gram of heroin shown to have been effected from the co-accused. Learned counsel has, therefore, prayed for concession of regular bail, as the petitioner has been in custody since 30th March, 2020 and the prosecution evidence has not yet commenced.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from SI Jagdev Singh, has submitted that the petitioner along with her husband were named in the secret information, which was to the effect that both she and her husband were in the trade of purchasing and selling heroin and on the JAWALA RAM 2021.01.13 14:03 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-33130-2020 (O&M) - 2 - particular day, they both were returning from Delhi on their motorcycle bearing registration No. PB11-CC-2286 along with their three months old child, after purchasing a huge quantity of heroin from Delhi. Thereafter, both the petitioner and her husband were apprehended pursuant to the secret information received and a huge recovery of 260 gram of heroin (commercial quantity) effected from their conscious possession. Heard.

Prima facie, there are serious allegations levelled against the petitioner coupled with the fact that a huge recovery of heroin was effected from the conscious possession, of the petitioner and co-accused, for which she does not deserve the concession of regular bail. Petition stands dismissed. However, anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE January 12, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.01.13 14:03 I attest to the accuracy and authenticity of this document Chandigarh