1 2025:HHC:12316 2025:HHC:12316 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 883 of 2025 Reserved on : 1.5.2025 Decided on : 5.5.2025 Himanshu Chauhan …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Narender Guleria, Advocate. For the Respondent : Mr. H.S. Rawat, Addl. A.G., assisted by ASI Jai Ram, Police Station, Kunihar, District Solan, H.P. Virender Singh, Judge (oral) Applicant Himanshu Chauhan has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 10 of 2025, 2 2025:HHC:12316 dated 24.1.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Kunihar, District Solan, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. According to the applicant, the contraband involved in the present case, does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not application in this case. 4. It is the further case of the applicant that he is in judicial custody since 24.1.2025. The investigation, in the present case, is stated to be completed as the Police has filed charge sheet and 3 2025:HHC:12316 the matter is stated to be listed for hearing on 6.6.2025. 5. The applicant has further pleaded that except the present case, no other case has been registered against him. 6. The applicant has tried his luck by moving bail application No. 21-ASJ-II/22 of 2025, before the Court of learned Special Judge-III, Solan, H.P., however, the same was dismissed on 20.3.2025. 7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail. 8. On these submissions, a prayer has been made to allow the bail application. 8.1. When put to notice, the police has filed the status report, disclosing therein, that on 24.1.2025, HC Rajinder Kumar, alongwith other police officials, in a private vehicle, was on patrolling duty, and the duty to detect the crime, relating to excise. When, the 4 2025:HHC:12316 I.O. alongwith other police officials, was present, then, at a place known as ‘Talochi’, he received a secret information at about 6:10 p.m., regarding the fact that one Himanshu is coming in a vehicle bearing registration No. HP11A-8690 Maruti 800 (white coloured) from Kunihar side, and in case, the said vehicle is checked, a large quantity of chitta (heroin) could be recovered. The said information was found to be authentic and reliable. As such, provisions of Section 42(2) of the NDPS Act have been complied with by submitting a report to the Supervisory Officer. 8.2 Thereafter, the I.O. associated one Pritam in the investigation of the case and put the picketing at a place near Badori. At about 6:25 p.m., the I.O. noticed the aforesaid vehicle coming from Kunihar side. The vehicle was signaled to stop. 8.3 The driver of the vehicle was apprised about the secret information. Thereafter, his name and address was inquired. On inquiry, he disclosed his 5 2025:HHC:12316 name as Himanshu Chauhan S/o Amar Prakash Chauhan (applicant). Thereafter, the vehicle was searched. During search of the vehicle, under the lid of petrol tank, one transparent plastic pouch was found, which was found containing stone shaped brown coloured substance. The said substance, on the basis of experience, was found to be chitta/heroin. On weighment, the said chitta was found to be 17 grams. Other codal formalities were completed. Thereafter, ruqua was submitted. Applicant was arrested and the vehicle in question was taken into possession. 8.4 During investigation, the applicant has disclosed that he used to purchase chitta from Vishal for the last 5-6 years and said Vishal used to sell chitta, sometime by calling him to Chandigarh and sometime by calling him to some Hotel. 8.5 It is the further stand of the Police that applicant disclosed, during investigation, on 22.1.2025 that said Vishal sold chitta, so recovered, 6 2025:HHC:12316 to him at Zirakpur-Chandigarh Highway, upon which, a team was constituted to search Vishal. Applicant Himanshu was also taken by the police team. 8.6 As per the further stand of the Police, when, the visitor register of the Hotel Sky was searched, then, it was found that in room No. 203, one Vishal Thakur is staying in the said Hotel. Said Vishal Thakur, alongwith one girl, namely Meenakshi, was found staying in the said room. When, the room was searched, then one rucksack belonging to Vishal Thakur, containing 122.24 chitta/heroin and a sum of Rs. 48,790/- (cash) was found, which was taken into possession. Thereafter, Section 29 of the NDPS Act was added, in this case. Thereafter aforesaid Meenakshi was also bound down by serving notice under Section 35(3) of BNS upon her. On 7.3.2025, said Meenakshi was also arrested. After receiving positive report from the SFSL, Junga, the Police filed the charge sheet. 7 2025:HHC:12316 8.7 As per the status report, no other case has been found to have been registered against applicant Himanshu. 8.8 On the basis of above facts, a prayer has been made to dismiss the bail application. 9. Contraband, allegedly recovered, in the present case does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not applicable to the facts of the present case. 10. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 11. Except the present case, no other case is stated to have been registered against the applicant, as such, presumption of innocence is still available to the applicant. 8 2025:HHC:12316 12. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted, after full fledged trial. 13. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 14. Consequently, the applicant is ordered to be released on bail in case FIR No. 10 of 2025, dated 24.1.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Kunihar, 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. 15. This order, however, shall be subject to the following conditions:- a) Applicant shall make himself available for the purpose of interrogation, if so required 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) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; 9 2025:HHC:12316 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. 16. 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. 17. 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. 18. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Solan, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 19. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Solan, H.P. is directed to 10 2025:HHC:12316 inform this fact to the Secretary, DLSA, Solan. The Superintendent of the District Jail, Solan, H.P. 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 5, 2025 Kalpana Digitally signed by RAJNI Date: 2025.05.05 13:57:27 IST