NDPS Bail: Total lack of evidence showing “conscious possession” or knowledge of drugs

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In Raj Kumar vs. State of Himachal Pradesh, the High Court of Himachal Pradesh granted regular bail to an individual accused in a commercial quantity drug case, ruling that the statutory rigors of Section 37 of the NDPS Act are satisfied when no contraband is recovered from the petitioner and there is a total lack of evidence showing “conscious possession” or knowledge of drugs hidden in a co-accused’s vehicle. The Court established that a passenger’s mere presence in a vehicle owned by another does not justify a presumption of criminal conspiracy or abetment under Section 29, especially when the individual has no criminal antecedents. Furthermore, the Court reaffirmed that Article 21 (Right to Speedy Trial) must be read harmoniously with restrictive bail clauses; where a trial is at a nascent stage and unlikely to conclude soon, the fundamental right to personal liberty overrides prolonged pre-trial incarceration.

  1. Satisfaction of NDPS “Twin Conditions”

The Court analyzed the mandatory requirements under Section 37(1)(b) of the NDPS Act, which require a court to reach a “satisfaction” that there are reasonable grounds to believe an accused is not guilty and unlikely to re-offend before granting bail for commercial quantities. In this case, the first condition was met because the 2.950 kg of Charas was recovered from the plastic cover of a door in a vehicle owned exclusively by the co-accused, and no recovery of any nature was made from the petitioner’s person. The second condition was satisfied as the petitioner had no past criminal record, and the State provided no adverse material suggesting he would commit future crimes while on bail.

  1. Absence of Conscious Possession and Knowledge

A central pillar of the judgment was the lack of “conscious possession” or knowledge on the part of the petitioner. The investigation revealed the petitioner was merely a passenger invited for an “outing” to Pathankot and had no knowledge that the co-accused had concealed contraband in the vehicle. The Court held that in the absence of a proven nexus between the petitioner and the hidden drugs, a presumption of guilt at the pre-trial stage is legally unsustainable.

  1. Rejection of Presumptive Guilt under Sections 20, 25, and 29

The Court dismissed the prosecution’s attempt to rely on Sections 20, 25, and 29 of the NDPS Act to justify continued detention:

  • Section 20 (Possession/Sale): This accusation was deemed untenable because no drugs were found on the petitioner and he was not involved in the sale or transportation.
  • Section 25 (Use of Vehicle): This was considered “incredible” as the vehicle was documented to be owned exclusively by the co-accused, and the petitioner was merely a passenger.
  • Section 29 (Conspiracy): The Court ruled that abetment and criminal conspiracy cannot be inferred from mere presence; they are material elements that must be rigorously tested and proved during a full-scale trial.
  1. Primacy of Article 21 and the “Melt Down” of Statutory Rigors

The judgment delivered a significant ruling on the intersection of special enactments and constitutional rights. It held that while Section 37 is mandatory, its stringent rigors “melt down” when they conflict with the right to a speedy trial. If the state lacks the capacity to finish a trial within a reasonable timeframe—noting that only 2 out of 24 witnesses had been examined after 16 months—the fundamental right to personal liberty under Article 21 must prevail over prolonged pre-trial incarceration.

  1. Foundational Principles: Bail as the Rule

Reaffirming classic criminal jurisprudence, the Court noted that bail is the rule and jail is the exception. It criticized the denial of bail as a “mark of disapproval” or to give an unconvicted person a “taste of imprisonment,”labeling such actions as an improper exercise of judicial discretion that carries a substantial punitive content before conviction. The primary objective of bail is to ensure the accused’s appearance at trial, not to serve as a punitive or preventative measure.

Final Outcome

The petitioner, having been in custody since February 5, 2025, was ordered to be released on a personal bond of ₹75,000 with two sureties. The Court imposed strict conditions to safeguard societal interests, including reporting to the police monthly and a prohibition on jumping bail or leaving the country without prior information.

STPL (Web) 2026 HP 353

Raj Kumar V. State of Himachal Pradesh (D.O.J. 25.06.2026)

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Rejection of Plaint : Illusory Cause of Action and Unilateral Public Notices Cannot Extend Time Limits

August 27, 2026 No Comments

In a Civil Appeal against a High Court order affirming the Trial Court’s refusal to reject a plaint under Order VII Rule 11 of the Civil Procedure Code (CPC), a Supreme Court Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran set aside the lower courts’ orders and rejected the plaint. The Apex Court held that where the cause of action extracted in the plaint itself conclusively establishes that the suit is hopelessly barred by limitation, the court cannot hesitate to reject the plaint under Order VII Rule 11(d). It further ruled that self-serving public notices issued after years of inaction cannot create a fresh cause of action to bypass the law of limitation.

  1. Factual Background
  • Joint Venture Agreements: On August 18, 2014, the parties entered into two Memorandum of Joint Venture Agreements for constructing eight flats across two vacant sites. Per the contract, the defendant (landowner) was to get 56% share, while the plaintiffs (developers) were entitled to a 44% undivided share in the land and super built-up area.
  • Cancellation & Exchange of Notices: Disputes arose regarding construction timelines. The defendant issued a written communication on April 20, 2016, cancelling the Joint Venture Agreements, followed by a lawyer’s notice on July 22, 2016. Rebuttals and further legal notices were exchanged between the parties up through November 22, 2016.
  • Belated Suit & Public Notice: After nearly six years of inaction, the plaintiffs issued a public notice on June 08, 2022, cautioning third parties against purchasing the property. Thereafter, in October 2022, they filed a suit (O.S. No. 632 of 2022) seeking division and allotment of their 44% share.
  • Order VII Rule 11 Application: The defendant filed an application for rejection of the plaint under Order VII Rule 11 CPC on the ground of limitation. The Trial Court rejected the application holding limitation to be a mixed question of fact and law, and the High Court affirmed this view.
  1. Legal Analysis & Supreme Court Findings
  • Averments in Plaint are Determinative: Reaffirming the settled principle in Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle (2024), the Court reiterated that while considering an Order VII Rule 11 application, only the averments made in the plaint and documents annexed therewith are germane.
  • Crux of Cause of Action Paragraph: Perusing Paragraph 17 of the plaint, the Court observed that the cause of action explicitly accrued on April 20, 2016 (when the JV was cancelled) and, at the latest, on November 22, 2016 (the last legal notice exchanged between the parties).
  • No Fresh Cause of Action: The Court rejected the plaintiffs’ argument that issuing a public notice on June 08, 2022, revived the cause of action. A unilateral, self-serving public notice issued after years of delay cannot create a fresh cause of action to extend the period of limitation.
  • Illusion of Possession Dispelled: The Court noted that while plaintiffs claimed to have completed construction and possessed 44% of the area, their explicit prayer seeking “division and allotment” of the 44% share defeated their claim of being in active possession.
  1. Final Directions
  • Plaint Rejected: The orders of the Trial Court and High Court were set aside, and the plaint in O.S. No. 632 of 2022 pending before the Additional District and Sessions Judge, Chengalpattu, was formally rejected.
  • Appeal Allowed: Civil Appeal No. 11194 of 2026 was allowed.

2026 INSC 908

N. Asha Devi v. R. Aravind Kumar & Anr. (D.O.J. 17.08.2026)

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Enforcing Attendance: Consequences of Jumping Bail and Trial Court Discretion

August 27, 2026 No Comments

This criminal miscellaneous petition challenged an order passed by the trial court which remanded an accused to judicial custody and called for a reply from the complainant after the accused voluntarily appeared following the issuance of non-bailable warrants. The High Court of Himachal Pradesh ruled that an accused who violates bail conditions by failing to appear cannot claim bail as a matter of right under Section 478 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Court underscored that complainants are necessary parties entitled to notice on subsequent bail applications when trial progress has been obstructed, and declined to interfere with the trial court’s discretion under its extraordinary inherent jurisdiction.

  • Background Context: A complaint under Section 138 of the Negotiable Instruments Act was pending against the petitioner. After failing to appear for recording statements, non-bailable warrants were issued against him. The petitioner subsequently appeared voluntarily, filed an application for cancellation of the warrants under the BNSS, and challenged his remand and the directive to issue notice to the complainant.
  • Grievance of the Petitioner: The petitioner contended that the trial court erred in ordering notice to the complainant—arguing the matter was strictly between the court and the accused—and asserted that his remand to judicial custody amounted to punitive detention and a violation of Article 21.
  • Legal Principle Established: The High Court clarified that an accused who jumps bail loses the absolute right to claim bail under Section 478(2) of the BNSS, and trial courts possess the discretion to refuse bail or remand the individual. Furthermore, because the default directly stalls the proceedings, the complainant maintains a valid locus standi to be heard.
  • Final Decision: The High Court dismissed the petition, holding that the trial court’s order involved no abuse of process, while expressing hope that the trial court would expedite the pending application.

STPL (Web) 2026 HP 624

Pradeep v. State of H.P. and Anr. (D.O.J. 25.08.2026)

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Advocate: Breach of Client Confidentiality vs. Unclean Hands: Limits of Public Disclosures & Misconduct

August 27, 2026 No Comments

In a cross-proceeding arising out of a disciplinary order of the Bar Council of India (BCI), a three-judge Bench of the Supreme Court, authored by Justice Vikram Nath, upheld the BCI’s finding of professional misconduct against Advocate Rizwan Siddiquee for disclosing privileged client communications on national television. The Court maintained his two-year suspension from practice along with monetary penalties, while simultaneously dismissing the client’s appeal for enhancement of punishment and compensation due to her suppression of facts and “unclean hands”. Expressing strong disapproval of both parties for abusing judicial machinery and wasting public time for eleven years, the Court imposed exemplary costs of ₹5,00,000/- on each party.

  1. Factual Background
  • Advocate-Client Relationship: The appellant (Rehana Khan) engaged the respondent (Advocate Rizwan Siddiquee) as her counsel during 2013–2014 regarding allegations against a senior police officer (Additional Commissioner of Police, Mumbai).
  • Legal Notice & FIR: A legal notice dated July 15, 2014, was issued to the officer through the respondent’s office. Subsequently, on July 24, 2014, the appellant lodged an FIR alleging rape against the police officer, naming the respondent as a person acting under the officer’s influence.
  • Media Broadcasts & Disclosures: In August 2014, following media coverage and searches at his office, the respondent appeared on news channels (‘Aaj Tak’ and ‘Zee News’). During the broadcast, he disclosed details of personal conversations, played recorded audio, and publicly characterized his former client’s rape complaint as false and publicity-driven.
  • BCI Proceedings: The appellant filed a complaint under Section 35 of the Advocates Act, 1961. On August 11, 2025, the Disciplinary Committee of the BCI held the advocate guilty of professional misconduct and ordered:
    • Removal/suspension of his name from the Bar roll for 2 years.
    • Fine of ₹3,00,000/- payable to the complainant.
    • ₹2,00,000/- to be deposited in the BCI Welfare Fund.
  • Cross-Appeals: Both parties challenged the BCI order—the appellant sought permanent debarment and ₹2 Crore compensation, while the advocate sought complete exoneration.
  1. Key Findings of the Supreme Court
  • Absolute Sanctity of Client Confidentiality: The Court rejected the advocate’s plea that he was defending his reputation against allegations made in the FIR. An advocate’s duty of confidentiality is not contingent upon a client’s continued good behavior. Even if a client turns adversary, privileged communications received during professional engagement cannot be disclosed to television channels or the public.
  • Rejection of Procedural Hardship Plea: The advocate’s argument of being denied a fair hearing (ex parte order) was dismissed as a “flimsy afterthought,” given his active participation in evidence recording and prior knowledge of the proceedings.
  • Doctrine of Unclean Hands: The client’s plea for enhanced punishment and massive compensation was rejected because she was less than candid before the Court. The record showed her voluntary media appearances, active discussions regarding trapping the officer, and failure to challenge the trial court’s order discharging the police official in 2015.
  • Scathing Indictment of Both Litigants: The Bench observed that neither party left the Court with credit, holding that judicial machinery cannot be used as a facility to settle personal scores or salvage reputations imperiled by their own actions.
  1. Final Directions
  • Orders Upheld: BCI’s order dated August 11, 2025 (2-year suspension and financial penalties) was fully affirmed.
  • Appeals Dismissed: All cross-appeals (Civil Appeal No. 12256/2025, Civil Appeal No. 7959/2026, and T.C. (C) No. 30/2026) were dismissed.
  • Exemplary Costs: Both the appellant and respondent were directed to pay costs of ₹5,00,000/- each to the Supreme Court Legal Services Committee within four weeks.

2026 INSC 907

Rehana Khan v. Rizwan Siddiquee (D.O.J. 21.08.2026)

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Determining Territorial Jurisdiction: Evaluating Plaint Averments for Return of Plaint

August 27, 2026 No Comments

This civil miscellaneous petition filed under Article 227 of the Constitution challenged an order dismissing an application under Order 7, Rule 10 of the CPC for the return of a plaint due to lack of territorial jurisdiction. The High Court of Himachal Pradesh affirmed that while evaluating territorial jurisdiction under Section 20 of the CPC, courts must restrict their inquiry strictly to the averments made in the plaint, excluding any defense raised by the defendants. Since a vital part of the agreement—the initiation of the gold kitty scheme—took place at the plaintiff’s business premises within the local limits of the trial court, the court possessed valid territorial jurisdiction, and supervisory interference under Article 227 was unwarranted.

  • Background Context: The plaintiff filed a suit for mandatory injunction and alternative recovery of Rs. 65,28,000 for unreturned gold deposited under a kitty scheme. The defendants filed an application under Order 7, Rule 10 of the CPC seeking return of the plaint, arguing that they operated from Jalandhar, Punjab, and that no part of the cause of action arose within Kullu, Himachal Pradesh. The trial court dismissed this application.
  • Grievance of the Petitioners: The petitioners contended that the trial court erred in retaining jurisdiction since their business operations and headquarters are located outside the state in Jalandhar.
  • Legal Principle Established: The High Court reiterated that territorial jurisdiction is determined exclusively by reading the plaint averments and identifying the bundle of facts (cause of action). Because the contract/scheme was initiated and negotiated when the defendants approached the plaintiff at his shop in Bhuntar, Kullu, a material part of the cause of action arose locally. Furthermore, the supervisory powers under Article 227 cannot be invoked as an appellate forum to re-appreciate facts or correct minor errors.
  • Final Decision: The High Court dismissed the petition, upholding the trial court’s order that retained the suit for adjudication on its merits.

STPL (Web) 2026 HP 623

Rajesh Verma & Ors. v. Narender Rana @ Bittu Rana (D.O.J. 25.08.2026)

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