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Himachal Pradesh High Court Flags Flaws in Opium Recovery, Grants Bail to Nepali Woman After Serious Lapses in NDPS Procedure Surface

Vivek G.

Shiranjana Buddha vs. State of Himachal Pradesh, Himachal Pradesh High Court grants bail to Nepali woman after finding major lapses in police opium recovery; court questions NDPS procedure and sampling flaws.

Himachal Pradesh High Court Flags Flaws in Opium Recovery, Grants Bail to Nepali Woman After Serious Lapses in NDPS Procedure Surface

In a significant development from the Himachal Pradesh High Court, Justice Rakesh Kainthla on Monday granted regular bail to Shiranjana Buddha, a 27-year-old Nepali national, after pointing out troubling gaps in how the police handled a major opium seizure case. The order came in FIR No. 86/2025, where the police had claimed recovery of over 8 kg of opium from a public bus.

हिंदी में पढ़ें

Background

According to the prosecution, the police had intercepted a Solan-Shimla bus on 27 April after receiving “secret information” and allegedly found two bags-one near Buddha’s feet and another near her co-accused, Shankar Bahadur.

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The bags reportedly contained a total of 8.184 kg of opium. The defence countered that the bags were not in her exclusive control and that she had not even been informed of the grounds of arrest. They also argued that contradictions in the measured weight and the mixing of all nine pouches raised serious doubts about the prosecution’s claim.

Court’s Observations

The judge examined the case record closely, and the atmosphere in Court suggested the bench was not convinced by the police narrative. At one point, the judge noted that the status report did not even confirm that the seized substance had been tested by the State Forensic Science Laboratory.

Calling this omission “highly doubtful,” the court remarked that mixing all pouches before sampling defeated the purpose of taking a representative sample-an essential safeguard in NDPS cases. “The packets were not sent individually to determine whether they contained opium or not,” the bench observed, adding that such lapses made it difficult to conclude that the petitioner was in possession of any commercial quantity at all.

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The court also acknowledged that Buddha had no criminal history, the investigation stood completed, and the trial-with 22 witnesses-was unlikely to finish anytime soon. “No fruitful purpose would be served by detaining the petitioner in custody,” the bench observed.

Decision

Allowing the bail plea, the Court ordered Buddha’s release on a ₹1,00,000 bond with two sureties and laid down strict conditions, including cooperating with investigators, not intimidating witnesses, surrendering her passport, and sharing her phone and social media details with authorities. The order ended with a clear warning that any violation could lead to cancellation of bail.

Case Title: Shiranjana Buddha vs. State of Himachal Pradesh

Case Number: Cr. MP (M) No. 2439 of 2025

Decision Date: 24 November 2025

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