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( 2025:HHC:13265 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No.: 775 of 2025 Reserved on : 05.05.2025 Decided on : 09.05.2025 Kavish
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Manohar Lal Sharma, Advocate. For the respondent : Mr. Varun Chandel, Mr. Tejasvi Sharma and H.S. Rawat, Additional Advocates General with Mr. Rohit Sharma and Ms. Ranjna Patial Deputy Advocates General. Virender Singh, Judge ApplicantKavish has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.245 of 2024, dated 11.12.2024, registered, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 ( 2025:HHC:13265 ) (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar Solan, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case, however, he has nothing to do with the offence as mentioned in the complaint. 3. The applicant has termed the case of the police as false, concocted and frivolous. According to him, the investigation in the present case is complete and the police has submitted the chargesheet in the competent Court of law. 4. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail. 5. Apart from the present case, another case bearing FIR No. 23 of 2024, dated 5.4.2024, under Sections 21 and 29 is stated to have been registered in Police Station Talwandi Punjab, in which, he was shown to be involved for possessing 200 grams of Heroin. In the
3 ( 2025:HHC:13265 ) said case, he was released on bail by the learned special Judge Ferozepur, on 04.07.2024. 6.
The relief, as prayed for, has also been sought, on the ground of parity, as, the coaccused of the applicant namely, Ravi Kumar and Lokesh Sharma, in this case, have already been released on bail, by the Court of learned Special JudgeII, Solan, vide orders dated 26.03.2025 and
07.04.2025. 7. The applicant has tried his luck by moving similar application before the Court of learned Special JudgeII, Solan, District Solan, which was dismissed on
07.03.2025. 8. On the basis of the above facts, a prayer has been made to allow the application. 9. When put to notice, the police has filed the status report disclosing therein, on 11.12.2024, HC Manoj Negi, I.O. SIU, Solan, has submitted a rukka to Police Station Sadar Solan, mentioning therein that on 11.12.2024, he, along with other police officials, in official vehicle bearing No.HP14B9570, had left the Police Station, under the leadership of SI Gian Chand, Incharge SIU, for
4 ( 2025:HHC:13265 ) patrolling duty and duty to detect the crime relating to Narcotics drugs, towards Solan City, Dohari Diwar, Anji, Rabon, Shamlech etc. 9.1. At about 01:15 pm, when, the police party was present at Baghat Bank Rabon then, the I.O. received a secret information regarding the fact that at a place known as Anji, near Uttrakhandi Dhaba, on the four lane, below the road, a private bus, owned by Parvati Bus Service bearing No.HP64B3142 has been parked and in the backside of the said bus, one person; namely Sudhir @ Sonu, along with his motorcycle bearing No.HR03W3136, is present there, who has worn grey and white coloured LEVIS jacket and blue coloured lower. Said Sudhir, as per the information, was involved in the business of selling heroin/chitta to young generation for a considerable time, at Anji and Rabon. 9.2. According to the informer, said Sudhir was present there in order to sell chitta/heroin and in case, he is nabbed, then large quantity of Chitta/heroin could be recovered. 5 ( 2025:HHC:13265 )
9.3.
The said information was found to be authentic and reliable. As per the I.O., due to paucity of time, in case, he would have obtained search warrants, in that situation, the possibility of removal of the contraband was there. As such, the I.O. complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer. 9.4. Thereafter, the I.O. had proceeded towards the spot. At about 1.40 p.m., when he reached the spot, they found a private bus parked on the side of the road and on the back side of the said bus, a motorcycle was found there, whose description was tallied with the information received by the I.O., upon which, the I.O., had given his introduction and introduction of the police party and apprised him about the secret information, which the I.O., had received. Thereafter, Surender Singh and Satish Kumar, were associated in the investigation, as independent witnesses. 9.5. Thereafter, antecedents of the said persons were inquired. On inquiry, he disclosed his name as Sudhir @ Sonu. Thereafter, the motorcycle was searched. 6 ( 2025:HHC:13265 ) Under the petrol tank of the motorcycle, in the tool box, a plastic tobacco pouch of yellow and green colour was found. When the interlock of the pouch was opened, the same was found containing light yellow coloured granule shaped substance, which, on checking on the drug detection kit, was found Chitta/heroin and on weighment, the same was found to be 5.70 grams. 9.6. After completion of other codal formalities, the FIR in question was registered and the accused persons were arrested. 9.7. Thereafter, the accused was produced before the learned Judicial Magistrate First Class, Court No.1, Solan from where, he was remanded to the police custody. 10. The contraband, so recovered, was sent to SFSL Junga, from where, positive report has been received. 11. During investigation, accused Sudhir disclosed that from the last three months, he came in contact with Kavish (applicant) of Firozepur.
On the basis of CDR, it was found that there were number of calls between Sudhir and Kavish (applicant). 7 ( 2025:HHC:13265 )
12. Accused Sudhir also disclosed that from the last three months, he is purchasing Chitta from Kavish (applicant), who used to hand over the Chitta to him at Zirakpur and sometime, the amount was paid in cash and sometimes through online. He has further disclosed that two boys of Solan, namely, Ravi and Lucky, were purchasing Chitta from him for the last 23 months and in lieu of that, they used to make payment in case or through online. Kavish (applicant), is stated to be resident of Firozpur. 13. On 13.12.2024, Kavish (applicant) was found by the Police at Kumbada in Mohali, who was identified by Sudhir. Consequently, on 13.12.2024, accused Kavish (applicant) was arrested. 14. Thereafter, the police found the involvement of Lokesh Sharma, and accused Ravi Kumar @ Maseeh. They were also arrested on 15.12.2024. It has also been mentioned in the status report that accused Ravi Kumar and Lokesh Sharma were released by the Court of ADJ01, Solan
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15. After completion of the investigation, on 03.02.2025, the charge sheet has been submitted in the Court of learned Special JudgeII, Solan and the case is now listed for 16.05.2025, for consideration of charge. 16. On the basis of the above facts, as well as, on the basis of registration of FIR No.23/24, dated 5.4.2024, under Sections 21 and 29 of NDPS Act, with Police Station Talwandi Punjab, for allegedly possessing 200 grams of Chitta, a prayer has been made to dismiss the application. 17.
First of all, coming to the objections, which has been raised by the learned Additional Advocate General, regarding registration of another case for possessing 200 grams of Chitta/Heroin, with Police Station Talwandi, vide FIR No. 23/24, admittedly, in the said case, he has not been convicted by the competent Court of law, as such, mere registration of FIR is too short to snatch the presumption of innocence, which is still available to the applicant. 18. Even, on the ground of parity, the applicant is entitled for the relief, as prayed for, as, his coaccused Ravi Kumar and Lokesh Sharma, have already been released,
9 ( 2025:HHC:13265 ) on bail, by the learned Special JudgeII, Solan, while deciding Bail application Nos.96 and 138 of 2025, on 26.03.2025 and 07.04.2025. 19. The investigation, in the present case, is complete and as per the status report, the case is listed for 16.05.2025, for consideration on charge. This fact demonstrates that the custodial interrogation of the applicant is not required by the Police. As such, it can be said that no useful purpose would be served by keeping the applicant in the judicial custody, that too, for indefinite period. Moreover, the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright,
20. The bail application cannot be rejected, as a matter of punishment, as, pretrial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 21. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released
10 ( 2025:HHC:13265 ) on bail in case FIR No.245 of 2024, dated 11.12.2024, registered, under Sections 21 and 29 of the NDPS Act, with Police Station Sadar Solan, District Solan, H.P., on his furnishing personal bond, in the sum of Rs.50,000/, with one surety, in the like amount, to the satisfaction of learned trial Court. 22.
This order of release, however, shall be subject to the following conditions :
“a) Applicant shall appear before the I.O., as and when directed by the I.O. to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and d) Applicant shall not leave the territory of India without the prior permission of the Court.”
23. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail application. 11 ( 2025:HHC:13265 )
24. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the bail applicant/petitioner. 25. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Solan, District Solan through email, with a direction to enter the date of grant of bail in the eprison software. 26. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail Solan, District Solan, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, District Jail Solan, District Solan, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
( Virender Singh ) Judge May 09, 2025(ps) Digitally signed by RAJNI Date: 2025.05.09 13:49:46 IST