Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 67

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J.
Arvinder Singh @ Billa - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. MP (M) No. 128 of 2026
Decided On : 02-03-2026

Advocates:
Advocate Appeared:
For the Petitioner:Mr Vikram Thakur, Advocate
For the Respondent/State: Mr Prashant Sen, Dy. A.G.

Vehicle occupants in conscious possession of intermediate heroin quantity recovered therein; bail denied despite no Section 37 rigours, considering drug menace, criminal antecedents, trafficking indication, and absent parity.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 29, 35, 37, 54 - Bail application - Recovery of intermediate quantity of heroin from beneath foot mat of rear seat of parked vehicle - Accused occupant in driver’s seat with two others - All occupants in conscious possession as per factual scenario of joint travel and lack of explanation - Though rigours of Section 37 inapplicable, bail not matter of right - Menace of drug addiction eroding societal fabric, especially youth - Quantity substantial, indicating trafficking not personal use - Criminal antecedents and pending cases indicate likelihood of repetition - Principle of parity inapplicable absent similar role and clean record of co-accused - Bail discretion exercised considering prima facie case, gravity, antecedents, public interest. (Paras 10-12, 16-20)

(B) Bail - Grant parameters - Nature of accusation, evidence, punishment severity, antecedents, repetition risk, justice obstruction; judicious not mechanical; detailed SC principles on personal liberty balance with societal protection. (Paras 8-9)

(C) Conscious possession - Constructive via power/control over contraband in vehicle; presumption under Sections 35, 54 shifts burden to accused. (Para 10)

Facts of the case:
Police on patrol received secret information about contraband in parked vehicle; joined independent witness, offered personal search, recovered intermediate quantity of heroin from beneath rear seat foot mat; three occupants arrested; chemical analysis confirmed heroin; call records showed contact; charge sheet filed, trial pending; co-accused granted bail; petitioner prior conviction and pending similar cases.

Findings of Court:
Prima facie conscious possession by all occupants; intermediate but substantial quantity signals trafficking; release sends negative societal signal; antecedents disentitle concession; no parity justification.

Issues: Whether conscious possession by vehicle occupant sans exclusive physical control; bail entitlement despite non-commercial quantity; parity applicability with co-accused; impact of antecedents and drug menace on bail discretion.

Ratio Decidendi: In drug cases, vehicle occupants deemed in conscious possession of recovered contraband absent explanation; bail denied for intermediate quantities where antecedents suggest repetition risk and societal drug harm outweighs liberty claim, parity requiring comparable role/character.

Result: Petition dismissed.

Table of Content
1. heroin recovered from vehicle occupied by petitioner. (Para 1 , 2 , 3)
2. parties contend on possession parity and risks. (Para 4 , 5 , 6)
3. bail discretion considers offence nature antecedents. (Para 7 , 8 , 9)
4. vehicle occupants have conscious contraband possession. (Para 10 , 11)
5. intermediate ndps quantity bars easy bail. (Para 12 , 13 , 14 , 15 , 16 , 17)
6. antecedents roles defeat parity claim. (Para 18 , 19 , 20)
7. bail petition dismissed limited observations. (Para 21 , 22 , 23)

JUDGMENT :
Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 120 of 2025, dated 19.08.2025, registered in Police Station Dhalli, Shimla, District Shimla, H. P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 19.08.2025 in the vicinity of the Dhalli area. They received a secret information at about 3.25 a.m. that Sunil Kumar, Arvinder Singh and Gurpreet Singh were present in a vehicle bearing registration No. PB-01D-2378, which was parked near the rear gate of Sacred Heart School. They were in possession of a contraband substance which could be recovered by their search. The police joined the independent witness and reached the spot, where the car was found parked. The person sitting in the driver’s seat identified himself as Gurpreet Singh. The person sitting on the front seat identified himself as Arvinder Singh, and the person sitting on the rear seat identified himself as Sunil Kumar. The police searched the vehicle and recovered 29.840 grams of heroin kept beneath the foot mat of the rear seat. The police seized the heroin and arrested the occupants of the vehicle. The quantity of heroin stated to have been recovered by the police is intermediate, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The police have filed the charge sheet. No fruitful purpose would be served by detaining the petitioner in custody. The recovery was effected from beneath the foot mat of the rear seat, and the petitioner was not in possession of the heroin. Gurpreet Singh has been enlarged on bail by the Court vide order dated 24.11.2025, passed in Cr.MP(M) No. 2676 of 2025, and the petitioner is entitled to bail on the principle of parity. The petitioner was convicted in FIR No. 35 of 2018. FIR No. 20 of 2025 and 29 of 2023 are pending against the petitioner. The petitioner belongs to a respectable family, and there is no chance of his absconding. He would abide by all the terms and conditions that the Court may impose upon him. Hence, it is prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report, asserting that the police were on patrolling duty on 19.08.2025. They received a secret information at about 3:25 am that a vehicle bearing registration No. PB-01D-2378 was transporting heroin, and a huge quantity of heroin could be recovered during its search. The information was credible. It was reduced to writing and was sent to the Supervisory Officer. The police joined Gopal Sharma and went towards the place where the vehicle was parked. The police found three people present in the vehicle. The driver identified himself as Gurpreet Singh, the person sitting on the front seat identified himself as Arvinder Singh, and the person sitting on the rear seat identified himself as Sunil Kumar. The police gave their search to the occupants of the vehicle and searched the vehicle. The police recovered a transparent polythene kept beneath the foot mat of the rear seat. The police checked the polythene packet and recovered 29.840 grams of heroin. The police seized the vehicle and the heroin and arrested the occupants. The heroin was sent to SFSL, Junga, and as per the result, it indicated the presence of Diacetylmorphine (heroi