2025:HHC:18377 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1162 of 2025 Decided on: 17.06.2025 Vijay Soni …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Mohar Singh, Advocate. For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Vijay Soni has sought his release, on bail, during the pendency of the trial, arising out of FIR No.118 of 2024, dated 05.09.2024, registered under Sections 21, 27A and 29 of the Narcotic 2 2025:HHC:18377 Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar, District Shimla, H.P. 2. According to the applicant, he has falsely been implicated, in the present case and has nothing to do with the offences, for which, he has been arrested. 3. Investigation, in the present case, is stated to be completed and the charge-sheet is also stated to have been filed, in the competent Court of law. 4. As per the applicant, the police could not collect the evidence, connecting him with the crime in question. 5. Applicant has also pleaded that the following cases have also been registered against him:- i. FIR No.181/2019 dated 04.04.2019, under the provisions of NDPS Act, with PS City Sirsa. ii. FIR No.263/2022 dated 07.12.2022, under the provisions of NDPS Act with PS Sadar Sirsa iii. FIR No.118/2022 dated 15.02.2022, under the provisions of NDPS Act, with PS City Sirsa. iv. FIR No.41/2023 dated 25.02.2023, under the provisions of NDPS Act, with PS Shimla. v. FIR No.50/2023 dated 20.03.2023, under the provisions of NDPS Act, with PS Civil Line Sirsa. vi. FIR No.156/2024 dated 03.11.2024, under the provisions of NDPS Act, with PS Dharampur, District Solan, H.P. 3 2025:HHC:18377 6. Apart from this, Mr. Mohar Singh, Advocate, 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. 7. On the basis of the above facts, a prayer has been made to allow the bail application. 8. When, put to notice, the police has filed the status report, disclosing therein, that 05.09.2024, HC Lalit No.42, I/O Special Cell, Shimla, has submitted the ruqqa to Police Station Sadar, Shimla, mentioning therein that on 05.09.2024, he, along with other police officials, in private vehicle, bearing No.HP52-C-0280, was on traffic checking duty and duty to prevent the crime. 8.1. It is the case of the police that they had done the patrolling towards Old Bus Stand, Tara Hall, Lakkar Bazar and Sanjauli etc. At about 02:00 pm, when, HC Lalit, along with other police officials, was present at Bus Stop, Tara Hall, then, he received a secret information regarding the fact that one Deepak Raghav, R/o Devli Colony, is coming to 4 2025:HHC:18377 take away the chitta, kept by some unknown person, as, the location of the place, where chitta has been kept, has been sent to said Deepak Raghav on his mobile phone and in case, the said person is nabbed, heroin/chitta could be recovered. 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 superior officer, Special Cell, Shimla. 8.2. Thereafter, IO proceeded towards the said place i.e. Tara Hall to IGMC and Sanjauli side. At about 02:45 pm, when, IO, along with other police officials, has alighted down from the vehicle, then, on seeing the police party, Devinder Singh @Deepu @Deepak Raghav threw a small plastic envelope out of his pocket. On seeing the said situation, IO directed the driver of vehicle No.HP01-A-5296, who, according to the IO, has also seen the said incident, to come 5 2025:HHC:18377 present. Two persons were found sitting in the said taxi. On enquiry, both persons disclosed their names as Sunil Kumar and Padam Dass and they were associated in the investigation as independent witnesses. In the presence of the said independent witnesses, name and address of the person, so nabbed, were ascertained, who, on enquiry, disclosed his name as Devinder Singh @Deepu @Deepak Raghav. 8.3. Thereafter, the white plastic envelope, which was thrown away by him, was lifted and checked and the same was found to be containing light brown-coloured substance, which, on enquiry, was stated to be heroin/chitta and on weighing the same, it was found to be 5.650 gms, which was taken into possession. Other codal formalities were completed. 8.4. Thereafter, FIR in question was registered and accused person was arrested. 8.5. Subsequently, the contraband, so recovered, was sent to SFSL Junga, for chemical analysis, after complying with the provisions of Section 52A of the NDPS Act, by 6 2025:HHC:18377 producing the contraband, before the Court of learned JMFC, Court No.6, Shimla, and positive report has been received. Thereafter, the charge-sheet has been submitted before the Court of learned Additional District & Sessions Judge, Shimla. 8.6. As per status report, six cases, as pleaded by the applicant and reproduced hereinabove, are found to have been registered against the applicant. The said criminal antecedents of the applicant have also been put forward to oppose the relief, as claimed, in the application. 9. On the basis of above facts, it has been apprehended that in case, the applicant is ordered to be released on bail, he may again indulge in the similar activities and may not be available for the trial. 10. It is the further case of the police that applicant- Vijay Soni was arrested on 08.02.2025 in case FIR No.156/2024 (supra) and in the said case, he was remanded to custody on 17.02.2025 and interrogation was carried out by investigating agency. During interrogation, applicant- Vijay Soni disclosed that he started consuming chitta in 7 2025:HHC:18377 Sirsa in the year 2018 and when, he got addicted to chitta and started lacking sufficient money to buy chitta, he also started selling chitta in Sirsa itself. 11. It is the further case of the police that on the basis of the enquiry, made from Vijay Soni (applicant) and bank statement of Gaurav Sharma, Section 27A of the NDPS Act has not been found to be attracted, in the present case, as such, the said Section has been deleted. 12. As per status report, after completion of the investigation, challan has been prepared and submitted in the Court of learned Additional Sessions Judge-I, Shimla, on 24.03.2025. 13. On the basis of the above facts, a prayer has been made to dismiss the application. 14. In the present case, investigation is complete, as, as per the status report, the police has submitted the challan in the learned trial Court on 24.03.2025. This fact is sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police. 15. The contraband, allegedly recovered in this case, 8 2025:HHC:18377 falls within the definition of ‘intermediate quantity’, for which, the Legislature, in its wisdom, has provided punishment, which may extend up to 10 years. 16. Admittedly, in none of the cases, which have been registered against the applicant, details of which have been reproduced in the preceding para, the competent Court of law has inflicted punishment, upon him, as such, keeping in view the period of custody of the applicant, the bail application cannot be rejected, as a matter of punishment, as pre-trial punishment is prohibited, under the law. 17. Even otherwise, there is nothing on record to show that any efforts have been made by the police/prosecution to get the bail, granted by the competent Courts of law, in the cases, registered against the applicant, as mentioned in the bail application, as well as, in the status report. 18. So far as the apprehensions of the police that in case, the applicant is ordered to be released on bail, he may again indulge in the similar activities and may not be available for the trial, are concerned, for those 9 2025:HHC:18377 apprehensions, reasonable conditions can be imposed upon the applicant, in case, he is ordered to be released on bail. 19. Considering all these facts, this Court is of the view that the applicant is able to make out a case for his release, on bail, during the pendency of the trial. Hence, the present bail application is liable to be allowed and is accordingly allowed. 20. Consequently, the applicant is ordered to be released, on bail, in case FIR No.118 of 2024, dated 05.09.2024, registered under Sections 21 and 29 of the NDPS Act, with Police Station Sadar, District Shimla, 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. 21. This order, however, shall be subject to the following conditions:- a) The applicant shall 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; 10 2025:HHC:18377 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 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. 22. 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. 23. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 24. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Kaithu Jail, Shimla, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 24. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Kaithu Jail, Shimla, Himachal Pradesh, is directed to inform this fact to the Secretary, 11 2025:HHC:18377 DLSA, Shimla. The Superintendent of Jail, Kaithu Jail, Shimla, Himachal 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 June 17, 2025 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.06.17 16:38:37 IST