India: The Delhi High Court has said the recovery of contraband drugs from the bedroom of a couple, used to consuming narcotic substances, is attributable to both the husband and wife as the seizure was made from their joint space.
It, however, granted bail to the woman, as the substance impounded was of “intermediate quantity”.
The high court’s observation came while rejecting a woman’s contention that the recovery of ‘ganja’ from their bedroom was made at the instance of her husband and that it cannot be attributed to her.
“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 husband of the applicant (woman) but the fact remains that it was recovered from the joint space of the applicant and her husband,” Justice Jasmeet Singh said.
The high court said it was nowhere stated or argued that the woman and her husband were living in separate rooms or had strained relationship.
“The recovery was also not from a person but from a joint space and hence, to state that the recovery of 1.03 kgs (ganja) made from the bedroom cannot be attributable to the applicant would be a wrong assertion,” it said.
The high court said, “In the instant case, 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.”
