The Delhi High Court has delivered a significant ruling regarding the recovery of drugs from the bedroom of a couple residing in a residential premises. The court stated that if both the husband and wife are consumers of narcotic substances and share a private space like a bedroom, the recovery of drugs is attributable to both individuals. The ruling was made in the context of a bail plea filed by a woman who was arrested after drugs were found in the couple's bedroom and the husband's office premises.
In a case involving allegations of involvement in a drug syndicate operating through the Telegram messaging app, drugs were recovered from both the couple's residence and the husband's office. The woman's bail application was dismissed by the trial court, prompting her to approach the Delhi High Court.
Justice Jasmeet Singh, in his ruling, highlighted that a bedroom is a shared private space between a husband and wife. Therefore, even if drugs are recovered from the bedroom at the husband's instance, it is still considered a joint space of the couple, making both parties liable for the recovery. The court emphasized that since the husband and wife share a special relationship and are both consumers of narcotic substances, they would be aware of the contraband in their shared space.
However, the court differentiated between the recovery of drugs from the couple's bedroom and the husband's exclusive office premises. The ruling stated that recovery from the office space could only be attributed to the husband, as it was not a shared area between the couple.
The court also examined mobile chat conversations involving the woman but concluded that her potential to deal in commercial quantities of contraband would not fall under the stringent bail conditions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The court noted that the chats indicated her involvement as a small-time consumer.
Source: Link
Picture Source :
