Kulwinder Kaur vs State of Haryana

K.S. Kumaran, J.

The material allegations in the F.I.R. in question are as follows :

On 16.5.1999, ASIAzim Khan along with the police party was present while on patrol duty at Bawal Petrol Pump, when Maruti van bearing No. PB10K8258 came there but on seeing the police, tried to flee away from there. On suspicion, this Maruti van was chased, stopped and on enquiry, the Driver told his name as Balkar Singh resident of Bihala (Police Station Sadar, Hoshiarpur). Another person sitting on the rear seat gave his name as Gurdev Singh resident of Susa Colony, Hoshiarpur. The lady who was sitting with him, gave her name as Kulwinder Kaur (petitioner herein) wife of Lakhbir Singh resident of Wadia, P.S. Mahilpur (District Hoshiarpur). Since the police suspected about the possession of some contraband, each of them was given the offer to be searched and their consent was obtained. When the search of the Maruti van was conducted in the presence of D.S.P. and a witness Ashok Kumar, 5 plastic bags each containing 30 kilograms of poppy husk were found in the dicky. The usual formalities of seizure were followed.

The petitioner approached the Special Judge, Rohtak for bail but was declined the relief. Hence this petition under Section 439 Cr.P.C. for the same relief.

I have heard the counsel for both the sides and perused the records on file.

Two contentions have been raised by the learned counsel for the petitioner. The first is that petitioner being a lady, the search conducted in the absence of a female is violative of the provisions of Subsection (4) of Section 50 of the N.D.P.S. Act. The second contention is that the petitioner had only taken a lift in the van and she had no connection with either Balkar Singh or Gurdev Singh or the contraband alleged to have been recovered. The learned counsel for the State contends that petitioner is the sisterinlaw of Balkar Singh, the ownercumdriver of the vehicle. But the State has not placed any material to prove that she is the sisterinlaw of Balkar Singh. Two affidavits have been filed on behalf of the petitioner, one by her husband and another by the father of said Balkar Singh that petitioner is not related to Balkar Singh. Even otherwise, the contraband was allegedly recovered from the dicky and there is no evidence at this stage to show that the petitioner was in conscious possession of the contraband allegedly recovered.

In these circumstances, without meaning to express any opinion on the merits of the case, I am of the view that the petitioner is entitled to be released on bail.

In the result, the petition is allowed and the petitioner is ordered to be released on bail on her furnishing sufficient surety to the satisfaction of the C.J.M. Rewari.