Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 205

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Rajat Kumar - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr.MP(M) No. 266 of 2026
Decided On : 25-03-2026

Advocates Appeared:
For the Petitioner:Mr. Ajay Kochhar, Sr. Advocate with M/s Bhairav Gupta and Vivek Sharma, Advocates.
For the Respondent:Mr Ajit Sharma, Deputy Advocate General.

Front passenger in vehicle with intermediate heroin quantity has prima facie conscious possession; bail granted to first-time offender likely for personal use, no Section 37 rigours, societal roots, aiding reformation.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21 and 29 - Bail application - Intermediate quantity (45 grams) of heroin recovered from bag in seat cover of front passenger seat of intercepted vehicle - Petitioner occupying front passenger seat - Conscious possession by all vehicle occupants prima facie established - Rigours of Section 37 inapplicable - Petitioner first time offender, no criminal antecedents, drug addict likely seeking for personal consumption not commercial sale, roots in society as permanent resident, deserves chance for reformation - Continued incarceration would hinder reformation due to contact with hardened criminals - Bail granted subject to bail bonds and conditions. (Paras 11-16)

(B) Grant of bail - Principles - Nature of accusation, evidence, severity of punishment, antecedents, risk of absconding, witness tampering, public interest - Normal rule is bail, not jail, unless gravity of offence or circumstances like fleeing justice or thwarting process - Discretion to be exercised judiciously with prima facie reasons, not mechanically. (Paras 8-10)

Facts of the case:
Police patrolling received secret information about heroin transportation in vehicle, reduced to writing, intercepted vehicle at barrier, independent witness joined, occupants identified, search yielded 45 grams heroin confirmed as diacetylmorphine, occupants arrested, charge-sheet filed, no prior FIRs against petitioner, petitioner claimed false implication, respectable family, roots in society.

Findings of Court:
Petitioner prima facie in conscious possession; however, intermediate quantity, first offender status, personal consumption likelihood, societal roots mitigate against denial of bail.

Issues: Entitlement to regular bail in NDPS case with intermediate contraband quantity recovered from vehicle; applicability of conscious possession to occupants; balancing rigours of NDPS with reformation for first-time addict.

Ratio Decidendi: Conscious possession presumed for vehicle occupants where contraband hidden accessible to them; for intermediate quantities, first-time offenders without antecedents, indicated personal use, and firm societal ties, bail warranted to facilitate reformation over prolonged detention.

Result: Petition allowed; released on bail on furnishing bonds of ₹1,00,000/- with surety, subject to conditions including no witness intimidation, trial attendance, address reporting, passport surrender, mobile/social media details.

Table of Content
1. recovery of 45g heroin from vehicle occupants. (Para 1 , 2 , 3)
2. parties contend on innocence vs commercial quantity. (Para 4 , 5 , 7)
3. bail principles consider offence nature, antecedents. (Para 8 , 9 , 10)
4. vehicle occupants in conscious possession of contraband. (Para 11 , 12)
5. intermediate quantity, addict, no antecedents favour bail. (Para 13 , 14 , 15)
6. bail granted subject to conditions and compliance. (Para 16 , 17 , 18 , 19)

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 74 of 2025, dated 18.09.2025, registered at Police Station Kotkhai, District Shimla, H.P, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS’ Act).

2. It has been asserted that, as per the prosecution, the police were patrolling near Gumma Bazaar on 18.09.2025, when they received a secret information that heroin was being transported in a car bearing registration No. HP-55-0031. The police intercepted the vehicle at Baghi Ghati. Ravinder Thakur was driving the vehicle, the petitioner was occupying the front passenger’s seat, and Sunny Baraik was occupying the rear seat. The police searched the vehicle after completing the formalities and recovered 45 grams of heroin from the rear pocket of the front passenger’s seat. The police arrested the occupants and seized the heroin. The police have completed the investigation and filed the charge sheet before the Court. The allegations against the petitioner are false. He belongs to a respectable family and has roots in society. He would abide by the terms and conditions that the Court may impose. 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 patrolling on 18.09.2025 near Guma Bazaar. They received a secret information at about 2:20 am that a car bearing registration No. HP55-0031 was going from Narkanda to Baghi, Sunny Baraik, Ravinder Thakur and Rajat Kumar were transporting heroin in the car, and a huge quantity of heroin could be recovered by searching the vehicle. The information was credible, and any delay in procuring the warrant would have led to the destruction of the heroin. Hence, the information was reduced into writing and was sent to Sub Divisional Police Officer (SDPO), Theog. The police set up a naka at Baghi Ghati and intercepted the vehicle bearing registration No. HP-55-0031. Another vehicle bearing registration No. HP- 09C-3088 came to the spot from Ratnari. The driver identified himself as Sunny Rohata. The police joined him as an independent witness and enquired about the names of the occupants of the vehicle bearing registration No. HP-55-0031. The driver identified himself as Ravinder Thakur, the person sitting in the front seat identified himself as Rajat Kumar, and the person sitting in the rear seat identified himself as Sunny Baraik. The police searched the vehicle and recovered a bag kept in the seat cover of the front passenger’s seat. The police checked the bag and found 45 grams of heroin. The police seized the heroin and arrested the occupants of the vehicle. The heroin was sent to SFSL, and as per the result, it was confirmed to be a sample of Diacetylmorphine (heroin). No other FIR was registered against the petitioner. The police filed a charge sheet on 01.11.2025, and the matter is listed for service on 14.05.2026. Hence, the status report.

4. I have heard Mr Ajay Kochhar, learned Senior Advocate assisted by M/s Bhairav Gupta and Vivek Sharma, learned counsel for the petitioner, and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

5. Mr Ajay Kochhar, learned Senior counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The quantity of heroin stated to have been recovered from the petitio