Sandeep Sharma, Judge (oral):

By way of instant petition filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of petitioner Girija Sharma, who is behind bars since 01.10.2025, for grant of regular bail in case FIR No.165/2025, dated 29.09.2025, under Sections 21 and 29 of ND & PS Act, registered at Police Station Ghumarwin, District Bilaspur, Himachal Pradesh.

Respondent/State has filed status report, perusal whereof reveals that on 29.09.2025 at 04:30 pm, Police party present near Toll Plaza, Baloh, Bilaspur, stopped one car bearing No.T0825PB5265E, Honda Amaze, for checking. On inquiry, driver of the vehicle disclosed to the Police that vehicle in question is a Taxi and the same was hired from Amritsar to Kullu. Since persons sitting on the rear seat got perplexed and started making excuses, Police deemed it necessary to conduct their search as well as of the vehicle and allegedly, in the presence of independent witnesses, recovered one bag containing 518.4 grams of chitta/heroin. Since no plausible explanation ever came to be rendered on record qua possession of aforesaid quantity of contraband, Police, after having completed necessary codal formalities, lodged FIR detailed hereinabove and arrested both the occupants of the car, namely Abhi Kumar and Rahul. Since above named persons, during investigation, disclosed that contraband recovered from them was to be delivered to the persons namely Aditya and Girija Sharma, Police also arrested Aditya and Girja Sharma, who further disclosed to the Police that person namely Adhi Atwal deals in narcotics and they have purchased afore quantity of contraband from him. Co-accused Aditya disclosed to the Police that sum of ₹1,00,500/- was deposited by him in the bank account of Adhi Atwal. In the afore background, present bail petitioner, i.e. Girija Sharma, also came to be roped in the present case and she is behind bars since 01.10.2025. Person namely Adhi Atwal, from whom co-accused Aditya had allegedly purchased contraband, already stands enlarged on bail vide order dated 17.04.2026 passed by this Court in Cr.MP(M) No.328 of 2026, titled as Adhi Atwal Vs. State of Himachal Pradesh.

Since investigation in the case at hand is complete and nothing remains to be recovered from the bail petitioner, she has approached this Court in the instant proceedings for grant of regular bail.

Mr. Prashant Sharma, learned counsel representing the petitioner, vehemently argued that petitioner has been falsely implicated because there is no evidence adduced on record to demonstrate that the contraband was recovered from the conscious possession of the petitioner, rather, as per own case of prosecution, same was recovered from the conscious possession of co-accused namely Abhi Kumar and Rahul. He states that since petitioner herein has been arrested merely on the basis of statements made by co-accused Aditya and Girja Sharma, which are otherwise not admissible in law, petitioner, who has already suffered for more than eight months, deserves to be enlarged on bail. In support of his afore contention, Mr. Sharma, placed reliance upon the judgment passed by the Hon’ble Apex Court in Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1.

While fairly acknowledging factum with regard to filing of Challan in the competent Court of law, Mr. Rajan Kahol, learned Additional Advocate General, states that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency, rather needs to be dealt with severely. While making this Court peruse status report, Mr. Kahol, states that there is overwhelming evidence adduced on record suggestive of the fact that bail petitioner is a drug peddler, who in connivance with co-accused Aditya had been supplying drugs in various parts of the State. He states that co-accused Aditya, who allegedly transferred some amount in the bank