The court emphasized that in narcotics cases involving commercial quantities, a presumption of conscious possession applies to all occupants of a vehicle, requiring strict adherence to Section 37 of the NDPS Act for bail applications.

By way of present petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner is seeking regular bail in case FIR No.302 of 2025 dated 26.12.2025 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”).

2. As per the prosecution story, on 26.12.2025 at around 12:00 noon, when the police team was checking the vehicles at Rampur Mor near Bandla, District Chamba, H.P., the petitioner who was coming from Tissa side was stopped for checking while she was driving a Red Scooty without a number plate. When the petitioner was asked why the number plate had not been installed on the Scooty, she replied that she was going to Chamba to get it installed. Thereafter, the petitioner was asked to open the dicky of the Scooty for search. She disclosed that the dicky is not in order for the last 10-12 days and that its lock is not in working condition. On suspicion and due to the unsatisfactory response given by the petitioner, the police party deputed C. Rakesh Kumar to call a mechanic, who brought Ashik Ali from Kandla. The said mechanic was apprised of the situation and the lock of the dicky was opened, from which a black-coloured plastic bag tied with a knot was recovered. Upon opening the knot of the said bag, a black, green and white coloured substance was recovered, which, on smell and experience, was found to be charas. The recovered charas was weighed on an electronic weighing machine and was found to be 1 kilogram and 402 grams. The recovered charas was repacked in the same manner and sealed in a cloth parcel with six seals of seal ‘E’. NCB forms in triplicate were filled up, and the impression of seal ‘E’ was taken on the NCB forms as well as on a piece of cloth. The seal, after use, was handed over to C. Rakesh Kumar. The proceedings at the spot were photographed and video graphed. The parcel containing the charas was taken into possession along with the Scooty. Thereafter, a rukka was prepared and sent to Police Station Sadar, Chamba, H.P. on the basis of which an FIR was registered against the petitioner.

3. The petitioner was arrested at around 10.15 p.m. in the night and her arrest was informed to her father. The medical of the petitioner was also got conducted at Chamba Hospital. The petitioner had filed the application on 19.01.2026 for her release on bail before the learned Special Judge, Chamba, Division Chamba, H.P. The said application came to be rejected on 23.01.2026.

4. The petitioner has filed the present bail application stating therein that she had already approached the learned Court of Sessions for the grant of bail, however, the same was rejected primarily on the ground of the alleged recovery of a commercial quantity and the applicability of Section 37 of the Act, without appreciating the material contradictions and the absence of conscious possession on the part of the petitioner. Learned counsel for the petitioner has vehemently submitted that the allegations against the petitioner are false and the prosecution has not collected any evidence to connect her with the commission of the alleged offence. It is also pleaded in the petition that the petitioner has been made a scapegoat in a pre-planned conspiracy orchestrated by her husband and in-laws, in connivance with certain interested persons, in order to settle personal scores arising out of matrimonial disputes.

5. It has further been averred in the petition that the petitioner was not co