2025:HHC:13254 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.805 of 2025 Decided on : 08.05.2025 Deepak Kashyap …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Ms. Nandita Guleria, Advocate vice Mr. Vijender Katoch, Advocate. For the respondent : Mr. Varun Chandel and Mr. Tejasvi Sharma, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge (oral) By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Deepak Kashyap has sought his release, on bail, during the pendency of the trial, in case FIR No.118 of 2024, dated 08.11.2024, registered under Sections 21-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:13254 referred to as the ‘NDPS Act’), with Police Station Gagret, District Una, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in this case and has nothing to do with the alleged contraband, which is stated to have been recovered from his possession. 3. Applicant has further submitted that the investigation, in the present case, is complete and nothing is to be recovered from him or at his instance. 4. The contraband, allegedly shown to have been recovered, is stated to be not falling in the definition of ‘commercial quantity’ and as such, according to the applicant, rigors of Section 37 of NDPS Act are not applicable to his case. 5. According to the applicant, he had earlier tried his luck by moving similar applications, before the Court of learned Special Judge-I, Una, District Una, Himachal Pradesh. However, the same were dismissed, vide orders dated 01.01.2025 and 19.03.2025, respectively. 6. In addition to this, the applicant has also given the details of the cases, which have been registered against 3 2025:HHC:13254 him. Relevant portion of para No.8 of the application is reproduced, as under:- i. FIR No.142/2023 dated 19.08.2023, under Section 21 of NDPS Act, with PS Dehra. ii. FIR No.18/2023 dated 18.01.2023, under Section 21 of NDPS Act, with PS Mohali. iii. FIR No.180/2024 dated 06.11.2024, under Sections 21 and 29 of NDPS Act, with PS Kangra. 7. Apart from this, learned counsel, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 8. On the basis of the above facts, a prayer has been made to allow the bail application. 9. When, put to notice, the police has filed the status report, disclosing therein, that on 08.11.2024, HHC Manohar Lal, ANTF & FU, Kangra, has submitted the ruqqa to Police Station Gagret, mentioning therein, that on 08.11.2024, he, along with other police officials, in private vehicle, bearing registration No.HP-68-4300, has left the office in order to detect the crime, relating to excise, towards Gagret side. 4 2025:HHC:13254 9.1. At about 12:40 pm, when, the police party was present at a place known as Shiv Bari Temple, then, IO received a secret information regarding the fact that on the gate of Shiv Bari Temple, a person is sitting, who has worn brown and white coloured shirt and jeans, having a brown coloured lunch box in his hand, carrying large quantity of chitta, which he has to sell. According to the informant, if the said person is nabbed, then, large quantity of chitta could be recovered from him. The said information was found to be authentic and reliable and according to the IO, in case, he would have made efforts to obtain authorization letter of search warrant, in that eventuality, there were chances that the contraband could be removed from there. As such, he has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the SDPO, Amb, through Ct. Sumit. 9.2. It is the further case of the police that thereafter, IO has proceeded towards Shiv Bari Temple. At about 01:20 pm, when, he reached at the gate of Shiv Bari Temple, then, as per the information, the said person was found sitting under the sacred fig (peepal tree). He was 5 2025:HHC:13254 having brown coloured lunch box in his right hand. Subsequently, IO has directed the driver to stop the vehicle and he reached the said person to enquire. Thereafter, IO showed his identity card to him and also gave the identification of the other police officials. On seeing the police party, the said person, all of a sudden, got perplexed and tried to flee away and cleverly, thrown away the lunch box in the stem of sacred fig. 9.3. Thereafter, the said person was nabbed and IO called the security guard, standing in front of the temple and shown his identity. On enquiry, the name of the said person was found to be Sunil Kumar. Subsequently, said Sunil Kumar was associated in the investigation and in his presence, name and address of the person, so nabbed, were enquired, who disclosed his name as Deepak Kashyap (applicant). In the presence of the witness, lunch box, thrown by Deepak Kashyap (applicant), was checked and when, the same was opened, it was found containing a transparent plastic envelope. The said envelope, on opening, was found to be containing light brown and white coloured powder and granule shaped substance. 6 2025:HHC:13254 9.4. Thereafter, when, the said substance was checked on the Drug Detection Kit, the same was found to be heroin/chitta and on weighing the same, it was found to be 50.30 gms, which was taken into possession. Other codal formalities were completed. 9.5. Thereafter, FIR in question was registered and accused person was arrested. 9.6. Subsequently, the contraband, so recovered, was produced before the learned Illaqa Magistrate for inventory to comply with the provisions of Section 52A of the NDPS Act and two samples of 6-6 gms were separated and sent to SFSL Junga, for chemical analysis and subsequently, positive report has been received. Thereafter, the charge-sheet has been submitted in the competent Court of law. 9.7. As per status report, following two cases have been registered against the applicant:- 1. FIR No.142/23 dated 19.08.2023, under Sections 21-61-85 of the NDPS Act, PS Dehra, District Kangra, H.P. 2. FIR No.18/23 dated 18.01.2023, under Sections 21-61-85 of the NDPS Act, PS STF, SAS Nagar (Mohali), Punjab. 7 2025:HHC:13254 9.8. The investigation, in the present case, is stated to be completed. As per the status report, charge-sheet has been submitted and the case is stated to have been listed before the Court of learned Additional Sessions Judge, Una, on 01.05.2025. 10. On the basis of above facts, a prayer has been made to dismiss the bail application. 11. In this case, the applicant has mentioned the details of the cases, which have been registered against him. According to the applicant, there are three cases, registered against him, whereas, as per the status report, there are only two cases, registered against him. 12. Admittedly, in none of the cases, the applicant has been convicted and as such, registration of the three cases cannot be considered as disadvantageous, to deny the relief, as claimed, in the application, as, the presumption of innocence is still available to the applicant. 13. In the present case, investigation is complete. The applicant is a young man of 28 years and in case, he is kept in judicial custody, during the pendency of the trial, which will take sufficient long time for its completion, then, 8 2025:HHC:13254 certainly, his future would be adversely affected in the company of hardened criminals. 14. In this case, admittedly, the contraband, allegedly stated to have been recovered, does not fall, within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable, in this case. 15. Once, it has been held that the rigors of Section 37 of the NDPS Act are not applicable, in that eventuality, the presumption of innocence is still available to the applicant, as the bail application cannot be rejected merely as a matter of punishment, since, pre-trial punishment is prohibited under the law. 20. Even otherwise, the chances of conclusion of trial against the applicant, in near future, are not so bright. As such, he cannot be kept in judicial custody, that too, for the indefinite period. 21 So far as the arguments of learned Additional Advocate General, appearing for the State, that the applicant is the resident of adjoining State (Punjab), are concerned, for that purpose, reasonable conditions can be 9 2025:HHC:13254 imposed, upon him, in case, he is ordered to be released on bail. 22. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 23. Consequently, the applicant is ordered to be released, on bail, in case FIR No.118 of 2024, dated 08.11.2024, registered under Sections 21-61-85 of the NDPS Act, with Police Station Gagret, District Una, H.P., on his furnishing personal bonds in the sum of Rs.50,000/-, with two sureties of the like amount, to the satisfaction of the learned trial Court. 24. This order, however, shall be subject to the following conditions:- a) The applicant shall appear before the IO, as and when, directed by the IO 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 the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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 10 2025:HHC:13254 disclosing such facts to the Court or the Police Officer, and d) The applicant shall not leave the territory of India without the prior permission of the Court. 25. 25. Any of the observations, made hereinabove, 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. 26. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant. 27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Una at Bangarh, District Una, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 28. 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, Una at Bangarh, District Una, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of Jail, District Jail, Una at Bangarh, District Una, Himachal 11 2025:HHC:13254 Pradesh, 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 08, 2025 ( Gaurav Thakur ) Digitally signed by RAJNI Date: 2025.05.08 17:55:51 IST