Rakesh Kainthla, Judge

The petitioner has filed the present petition seeking regular bail in FIR No. 188 of 2025, dated 14.11.2025, registered at Police Station Indora, District Kangra, H.P., for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

It has been asserted that, as per the prosecution, the police were on patrolling on 14.11.2025 when they received secret information that the petitioner/accused Veero Devi was involved in the illicit trade of heroin. The police completed the formalities, joined independent witnesses, searched the petitioner’s house, and recovered a polythene packet containing 9.42 grams of heroin and ₹60,000/- in cash. The police seized the heroin and the cash and arrested the petitioner. The allegations against the petitioner are false. The chargesheet has been filed before the Court. The petitioner is in judicial custody, and no fruitful purpose would be served by detaining her in custody. Ten FIRs have been registered against the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

The petition is opposed by filing a status report asserting that the police were on patrolling duty on 14.11.2025. They received secret information at 5:30 p.m. that the petitioner Veero Devi and her son Naambeer @ Badal were selling heroin from their residential house, and a huge quantity of heroin could be recovered by searching the house. The information was credible, and the delay in procuring the search warrant would have led to the destruction of the case property. Hence, the police reduced the information into writing and sent it to the Sub Divisional Police Officer (SDPO). The police joined Gopal Dass and Sunita Sharma and went to the petitioner’s house. The petitioner and her son, Naambeer, were present in the house. The police searched the house and recovered a polythene packet containing 9.42 grams of heroin. The police also recovered ₹60,000/- in cash. The police arrested the petitioner and Naambeer and seized the heroin and the currency notes. The heroin was sent to the Forensic Science Laboratory (SFSL), Junga and as per the result of analysis, it was confirmed to be diacetylmorphine (heroin). Ten FIRs have been registered against the petitioner, which include eight FIRs under the NDPS Act. The petitioner has remained in preventive custody for six months, but is still indulging in the trade of narcotics. The chargesheet was filed before the Court and was listed on 16.04.2026 for consideration of the charge. Hence, the status report.

I have heard Mr Lovneesh Thakur, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

Mr Lovneesh Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and she has been falsely implicated. The quantity of heroin stated to have been recovered from the petitioner’s possession is less than a commercial quantity, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The petitioner has remained in custody for about six months. The police have filed the charge sheet, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

Mr Ajit Sharma, learned Deputy Advocate General, for the respondent/State, submitted that the petitioner was involved in the commission of eight other similar offences. She was detained in preventive custody for six months. The heroin is adversely affecting society, and no leniency should be shown to the petitioner. Hence, he prayed that the present petition be dismissed.

I have given a considerable thought to the submissions made at the bar and have gone through the records carefully.

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