Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:14075 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) Nos.954 & 1007 of 2025 Reserved on : 13th May, 2025 Decided on : 15th May, 2025 Cr.MP (M) No.954 of 2025 Jermanjeet Kaur
…Applicant Versus State of Himachal Pradesh …Respondent Cr.MP (M) No.1007 of 2025 Ayush Soni
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s) : Mr. Jeevan Kumar & Mr. Lakshay Parihar, Advocates. For the respondent : Mr. Varun Chandel, Mr. H.S. Rawat, and Mr. Mohinder Zharaick, Additional
Advocates
General assisted by ASI Sunit Kumar, Police Station
Dharamshala,
District Kangra, H.P. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 ( 2025:HHC:14075 ) Virender Singh, Judge The above named applicants have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, during the pendency of trial, in case FIR No.17 of 2025, dated 22.01.2025, registered, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), with Police Station, Dharamshala, District Kangra, H.P.
2. According to the applicants, they are innocent persons and have falsely been implicated by the Police in the present case and presently, they are in judicial custody. 3. Both the applicants have put forward the fact that except the present case, no other case has been registered against them. 4. Applicant Ayush Soni has asserted the fact that he is working in Merchant Navy and in the month of May, 2024, returned back to India. Thereafter, he was trying to
3 ( 2025:HHC:14075 ) get admission for higher education and transferred the amount of Rs.2,53,000/ to the account of his coaccused. 5. It is the further case of the applicants that the investigation, in the present case, is complete and no useful purpose would be served by keeping them in judicial custody, as chances of commencement and conclusion of the trial against them, in near future, are not so bright. 6. Applicants have filed similar applications before learned Special JudgeIII, Kangra at Dharamshala, District Kangra, however, their applications have been dismissed vide order dated 2.4.2025 and 17.04.2025. 7.
On the basis of the above facts, learned counsel appearing for the applicants have given certain undertakings, to which, the applicants are ready to abide by, in case, the applicants are ordered to be released on bail. 8. On the basis of the above facts, a prayer has been made to allow the applications. 9. When put to notice, the police has filed the status report, disclosing therein, on 22.01.2025, HC
4 ( 2025:HHC:14075 ) Shashi Pal No.39, along with other police officials, was on patrolling duty in official vehicle No.HP39E3253. 9.1. At about 12.50 a.m., in the midnight, when the I.O., along with other police officials, reached at Petrol Pump Sakoh, then he noticed a vehicle coming in the high speed from Gaggal side. 9.2. On seeing the police vehicle, driver of the said vehicle, all of a sudden take a cut and drove the vehicle at a very high speed towards Sakoh side, as such, the I.O. raised suspicion in his mind that some objectionable item could be there in the vehicle, as such, he directed the driver of his vehicle to chase the said vehicle, registration number of which was HP39B9902. 9.3. When, the police vehicle was chasing the vehicle bearing registration No.HP39B9902, its driver increased its speed, upon which, the I.O. informed SI Vijay Singh, who was already on patrolling, to intercept the said vehicle coming on the Sakoh road. 9.4. After chasing the said vehicle, the driver of the said vehicle drove the vehicle through Radio Colony link road towards Chilgadi, however, in that process, the
5 ( 2025:HHC:14075 ) vehicle struck against the RCC retaining wall. Thereafter, three boys were found to have alighted down from the vehicle, who ran towards Rodikut road side. 9.5. One boy was nabbed by ASI Vijay Singh, at a distance of 20 meters, however, other persons could not be nabbed, as it was the night time.
The person, so nabbed, gave a fist blow on the right eye of ASI Vijay Singh. The said person was overpowered by other police officials. On inquiry, he disclosed his name as Shanshak Bisht. He also disclosed the names of his companion, who allegedly ran away from the sport, as Ayush Soni and Shwetang Shahi @ Shinu. 9.6. Constable Abhishek Kumar was sent to arrange independent witness. At about 1.25 a.m., he came back with one person namely Manoj Kumar, who was associated as independent witness. In the presence of said independent witnesses, the vehicle was searched and during search, from underneath the foot mat of front seat, a transparent polythene was found along with electronic weighing scale. 6 ( 2025:HHC:14075 )
9.7. When the said polythene was opened, brown coloured granual shaped substance was found, which on smelling and on the basis of experience was found to be Chitta/heroin. Accused Shashank Bisht also confirmed the said fact. On weighment, the same was found to be 30 grams of Chitta. 10. After completion of other codal formalities, the FIR, in question, was registered and the accused was arrested. The contraband along with the vehicle was taken into possession. 11. Thereafter, the medicolegal examination of ASI Vijay Singh was got conducted. On 22.1.2025, applicant Ayush Soni and accused Shwetang Kumar Shahi @ Shinu, were also associated in the investigation and were arrested. 12. During investigation, applicant Ayush Soni and accused Shwetang Kumar Shahi @ Shinu, has disclosed that Raman Kumar is also dealing in the business of Chitta/Heroin. FIR No.13/25, dated 15.1.2025, under Section 21 of the NDPS Act, was found to be registered with Police Station, Dharamshala against accused Raman Kumar @ Rambo. 7 ( 2025:HHC:14075 )
13. Raman Kumar has introduced applicant Ayush Soni and accused Shwetang Kumar Shahi @ Shinu with the smuggler of Chitta namely Maninder Singh. Against said Maninder Singh, case bearing FIR No.18/25, dated 24.01.2025, registered under Section 21, 25 and 29 of the NDPS Act was found to be registered with Police Station Dharamshala. Accused Raman Kumar was arrested in FIR No.13/25 on 15.1.2025. 14.
During investigation, involvement of Maninder Singh and Rakesh Kumar was also found, who were stated to have been arrested in FIR No.18/25. 15. On 24.1.2025, custody of Maninder Singh and Rakesh Kumar was transferred from case No.18/25 to this case and they were arrested on 27.1.2025. 16. During investigation, it has also been found that applicant Ayush and accused Shinu used to transfer the amount in the account of one Kulwant Kaur and thereafter, Kulwant Kaur used to transfer the said amount in the account of applicant Jermanjeet Kaur. 17. Accused Shwetang Kumar Sahi has transferred a sum of Rs.1,88,000/, whereas, applicant Ayush Soni
8 ( 2025:HHC:14075 ) has transferred a sum of Rs.2,53,000/ to the account of Kulwant Kaur. The said amount was transferred for purchasing Chita. Applicant Jermanjeet Kaur in connivance with her mother has transferred the amount of Rs.8,40,370/ in her bank account. 18. Thereafter, the service provider was requested to provide the CDRs of mobile number of accused Shwetang Kumar Shahi, applicant Ayush, accused Shashank and applicant Jermanjeet Kaur. On perusal of those CDRs, location was accused applicant Ayush, accused Shashank and Shwetang Kumar Shahi was found to be in the area of Dharamshala to Daulatpur, on 21.01.2025, at 4.30 p.m., whereas, their location was found to be at Dharamshala, on 12.30 a.m, at 22.1.2025. 19. It has also been found in the investigation that accused Shwetang Kumar, applicant Ayush and accused Shashank had purchased Chitta from accused Maninder Singh and Rakesh Kumar at Mubirakpur, during night of
21.1.2025. Accused Maninder Singh and Rakesh Kumar were arrested in FIR No. 18/25, registered under Section
9 ( 2025:HHC:14075 ) 21 and 29 of the NDPS Act. Accused Kulwant Kaur was arrested on 2.3.2025. 20.
During investigation, it was found that accused Kuwant Kaur had transferred the said amount to the account of her daughter applicant Jermanjeet Kaur and applicant Jermanjeet Kaur was proceeding towards Delhi Airport, as her flight to Canada was scheduled for 3.3.2025, at 5.35 a.m. She was nabbed at Delhi Airport on 3.3.2025, at about 3.30 a.m. and was arrested. 21. After completion of the investigation, charge sheet has been filed against applicant Ayush, Shwetang, Shashank, Maninder Rakesh, Kulwant Kaur and applicant Jermanjeet Kaur, in the Court of learned Additional Sessions JudgeIV, Fast Track Court POCSO, Kangra at Dharamshala. The case is now fixed for 2.6.2025, for
consideration on charge. 22. On the basis of the above facts, a prayer has been made to dismiss the applications. 23. The contraband allegedly recovered from the possession of accused persons, in this case, does not fall within the definition of commercial quantity, as such,
10 ( 2025:HHC:14075 ) rigors of Section 37 of the NDPS Act are not applicable, in the present case. 24. Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, then, the next question, which arises for determination, before this Court, is as to whether the applicants are entitled to the relief as claimed in the applications or not. 25. Investigation, in the present case, is complete as such, it can be said that the custodial interrogation of the applicants is not required by the Police. Moreover, the chances of commencement and conclusion of the trial against the accused persons, in near future, are not so bright. 26. Except the present case, no other case is found to have been registered against the applicants, as such, the presumption of innocence is still available to the applicants. 27. The bail application cannot be rejected, as a matter of punishment, as, pretrial punishment is prohibited under the law and punishment can only be
11 ( 2025:HHC:14075 ) imposed, after the full fledged trial, by competent Court of law. 28. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed. The applicants are ordered to be released on bail in case FIR No.17 of 2025, dated 22.01.2025, registered, under Sections 21, 25 and 29 of the NDPS Act, with Police Station, Dharamshala, District Kangra, H.P., on their furnishing personal bonds, in the sum of Rs.70,000/ each, with two sureties each, in the like amount, to the satisfaction of learned trial Court. 29.
This order of release, however, shall be subject to the following conditions :
“a) Applicants 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) Applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicants 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
12 ( 2025:HHC:14075 ) d) Applicants shall not leave the territory of India without the prior permission of the Court.”
30. 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 applications. 31. 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 applicants/petitioners. 32. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, through email, with a direction to enter the date of grant of bail in the eprison software. 33. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, is
directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent of Jail, Lala Lajpat
13 ( 2025:HHC:14075 ) Rai Open Air Correctional Home, Dharamshala, District Kangra, is further directed that if the applicants fail 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 15, 2025(ps) Digitally signed by RAJNI Date: 2025.05.15 16:10:54 IST