Even in NDPS Cases, Women Deserve Special Consideration Under Law: Himachal Pradesh High Court Grants Bail in NDPS Case

Pre-Trial Punishment Is Prohibited - In a significant ruling reaffirming the right to liberty and procedural fairness, the Himachal Pradesh High Court has granted bail to Palwinder Kaur, accused under the NDPS Act and Bharatiya Nyaya Sanhita (BNS), citing the absence of commercial quantity, lack of criminal history, and her status as a woman.

Justice Virender Singh held: “Pre-trial punishment is prohibited under the law. The punishment can only be inflicted after the conclusion of the trial.”

The bail was granted with stringent conditions, as the contraband allegedly linked to the applicant through a financial trail did not meet the threshold of “commercial quantity”, a key requirement to invoke the rigors of Section 37 of the NDPS Act.

Bank Transfers but No Contraband: No Direct Recovery from Applicant

The case stemmed from FIR No. 73 of 2025 registered at Police Station Nalagarh, District Solan, where the applicant was implicated in a broader narcotics network through alleged financial links. Police traced substantial transactions—over ₹23 lakh—into her bank account, allegedly from co-accused involved in trafficking heroin (“chitta”).

Despite this monetary linkage, no physical recovery of narcotics was made from the applicant, a fact the Court found crucial.

“The applicant’s name has come up during the investigation based on financial transactions. However, there is no recovery of contraband from her possession,” the Court noted.

Rigors of Section 37 NDPS Act Not Attracted

Since the total quantity involved—2.96 grams of heroin and 77.77 grams of charas—did not amount to a “commercial quantity” under the NDPS Act, the Court held:

“Admittedly, the contraband does not fall within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable.”

This opened the door for regular bail considerations rather than the stringent double-conditions imposed under Section 37.

Section 480(ii) BNSS: Gender as a Statutory Ground for Bail

Justice Singh invoked the proviso to Section 480(ii) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which allows for the release of women, children, the infirm, or the sick on bail even in serious offences.

“The Legislature, in its wisdom, has added the proviso... according to which the Court may release a person on bail if such person is a child or is a woman or is sick or infirm.”

The Court recognized the statutory latitude granted to women and applied it in favour of Palwinder Kaur.

No Criminal History, Chargesheet Filed, Trial Unlikely Soon

Another key consideration was that the applicant had no prior criminal record, and the chargesheet had already been filed on May 6, 2025, indicating completion of the investigation.

Given the complexity of the case involving multiple accused, the Court expressed doubts about any early conclusion of the trial:

“The chances of commencement and conclusion of trial against the applicant in near future are not so bright.”

Liberty Cannot Be Denied Merely on Grounds of Residence in Another State

Rejecting the State’s apprehension about her Punjab residency, the Court held: “For those apprehensions, reasonable conditions can be imposed.”

The Court’s order reaffirms judicial sensitivity to individual liberty, especially for women accused in non-commercial narcotics cases. While the wider case involves an alleged organized drug network, the Court stressed the importance of legal safeguards even in complex investigations:

“Presumption of innocence is still available to the applicant... Pre-trial custody cannot become a substitute for punishment.”

Date of Decision: May 23, 2025