Recovery of ‘ganja’ from couple’s bedroom, ‘shared space’ attributable to both: Delhi HC

Justice Singh thereafter said, “I am unable to agree with the argument put forth…The recovery of ganja from the bedroom (i.e. residential premises) of the applicant is attributable to both…it is pertinent to note that the bedroom is a private space shared by a husband and wife. Recovery of ganja from the bedroom may be at the instance of the applicant’s husband but the fact remains that it was recovered from the joint space of the applicant and her husband. It is nowhere stated or argued that the applicant and her husband were living in separate rooms or had strained relationships”.

The HC said it would be wrong to assert that the “recovery of 1.03 kg” of the substance from the bedroom, a joint space, cannot be attributed to the woman. The HC thereafter observed, “… both, the applicant and husband/co-accused are admittedly consumers of narcotic substances. Being husband and wife, they share a special relationship, therefore, it is trite to infer that the Applicant as well as her husband/co-accused, were aware of the contraband kept in their bedroom at their residence and were in conscious possession of the same”

The HC however granted bail to the woman as the substance impounded was of “intermediate quantity” (which falls between small and commercial quantity) and did not attract the rigours of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

“Investigation is complete and no investigation has been sought or conducted qua the applicant since October 4, 2021. Nothing is to be recovered from her or at her instance. The charges are yet to be framed and the trial will take considerable time,” it said, granting bail to the woman on furnishing a personal bond and a surety bond of Rs 50,000 each subject to certain conditions.

In 2021, drugs were recovered at the couple’s residence and office premises of the husband. The woman and her husband were eventually arrested. The trial court had on June 6, 2022 dismissed her bail plea against which she moved the HC.

With respect to the recovery from the office space, the HC ruled that “office premises is not a shared space as there is a separation by a staircase.”

“The office being a place where parties carry out their work and responsibilities…only (the husband) had control and dominion of the premises from where the contraband was recovered. Hence, recoveries from the office premises cannot be attributable to the applicant as the contraband was recovered at the instance of the co-accused/husband, from his exclusive office space,” the HC said.