Female petitioner granted bail in NDPS case with intermediate contraband quantity from shared room despite possession presumption, due to special gender consideration, no antecedents, and charge-sheet filing.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 5 of 2026, dated 16.01.2026, registered at Police Station Dhalli, District Shimla, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2. It has been asserted that, as per the prosecution, the police were on patrolling duty near Dhalli area on 16.01.2026. They received a secret information that Nityam Dhir and a female were selling heroin in a room in Ram Lal’s building. The information was credible. The police completed the necessary formalities, searched the room and found a polythene bag containing 50.340 grams of heroin. The police arrested the occupants of the room and seized the heroin. The prosecution’s story is false, and the petitioner has nothing to do with the crime. The petitioner was not even present in the room. The petitioner has worked in various Non-Government Organisations (NGOs), and she was participating in various social upliftment and education programmes. She was employed on an online platform. She met the co-accused Nityam Dhir, whose father is residing at Shimla. She visited Shimla and was given a separate room. The petitioner was not in exclusive possession of the room from which the recovery was effected. The contraband was not recovered from her possession. There is no material to connect the petitioner to the commission of crime. The police have filed the charge sheet, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, it was 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 16.01.2026. They were present at Bhatakuffar chowk at about 3:20 p.m. when they received a secret information that Nityam Dhir and a girl were selling heroin from their room, and a huge quantity of heroin could be recovered by searching the room. The information was credible. It was reduced to writing and was sent to the Supervisory Officer, Police Station Dhalli, through HHG Vikas at about 3:35 p.m. The police joined Sunil Kumar, Mohinder Singh and Seema Vijan (the owner of the building) and went towards a building. Seema Vijan identified the room of Nityam Dhir. The police knocked on the door. Nityam Dhir and Purnima Lapang (present petitioner) were present in the room. The police searched the room and found a polythene bag kept inside the trunk. The police checked the polythene and found 50.340 grams of heroin in it. The police arrested the occupants of the room and seized the heroin. The heroin was sent to the SFSL, Junga, and was found to be Diacetylmorphine (heroin) after the analysis. The blood samples of the occupants of the room were also sent, but no drug was detected in them. The police recorded the statements of the witnesses as per their version, and filed the charge sheet before the Court on 11.03.2026 after the completion of the investigation. The matter was fixed before the court of the learned Additional District Judge, Shimla, for an office report on 24.03.2026. Hence, the status report.

4. I have heard Mr Ram Lal Verma, learned counsel for the petitioner and Mr Jitender K. Sharma, learned Additional Advocate General for the respondent/State.

5. Mr Ram Lal Verma, learned counsel for the petitioner, submitted that the petitioner is innocent and she was falsel