2025:HHC:14605 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1067 of 2025 Reserved on : 16.05.2025 Decided on: 20.05.2025 Abhishek …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Dhiraj Thakur and Ms. Priyanka Chandel, Advocates. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General, assisted by ASI Shyam Lal, Police Station Sadar, Bilaspur. 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-Abhishek has sought his release, on bail, during the pendency of the trial, in case FIR No.28 of 2025, dated 02.02.2025, 2 2025:HHC:14605 registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar, District Bilaspur, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, by the police, for allegedly possessing 25.62 gms of heroin. 3. As per the applicant, he was arrested on the ground that the contraband, weighing 25.62 gms, was recovered from the possession of his co-accused, namely Thokchom Denilson. The applicant was involved/arrested, in this case, on the basis of the alleged disclosure statement, made by accused Thokchom Denilson. 4. It is the further case of the applicant that apart from the present case, FIR No.260/2023 dated 08.11.2023 has also been registered against him, under the provisions of Section 21 of NDPS Act, involving 4.06 gms of chitta, which is pending in the Court of learned CJM, Bilaspur. 5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of 3 2025:HHC:14605 learned Special Judge, Bilaspur, District Bilaspur, Himachal Pradesh. However, the same was dismissed vide order dated 10.04.2025. 5.1. Thereafter, the applicant had moved bail application, bearing CrMP(M) No.881 of 2025, before this Court. However, the said application was dismissed as withdrawn, vide order dated 05.05.2025. 6. Apart from this, Mr. Dhiraj Thakur, 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 on 02.02.2025, HC Lokender Singh No.34, along with other police officials, was on patrolling duty towards NBT area. At about 12:25 pm, on the road leading to Lower Nihal, one person was found coming from NH side, who, on seeing the police party, got 4 2025:HHC:14605 perplexed and turned back and started walking with fast steps and while walking, took out something from the left pocket of his lower and threw it on the left side of the road. 8.1. At the same time, HC Lokender Singh has noticed the said person and HC Lokender Singh, along with other police officials, stopped the said person and enquired about the thing, which he had thrown, upon which, he could not give any satisfactory answer. As such, a suspicion developed in the mind of the IO that the same might be some suspicious article/stolen property. Thereafter, HC Lokender Singh directed HHC Rajender Singh to bring independent witnesses. He tried to bring independent witnesses, but, no one was found there. As such, HC Lokender Singh has associated HHC Rajinder and Ct. Sanjeev Kumar as independent witnesses and in their presence, name and address of the said person were enquired, who, on enquiry, disclosed his name as Thokchom Denilson Singh, S/o Thokchom Sharatchandra Singh, R/o H.No.11, Thangmeidaand Lourang Purel Leikai District Imphal, West Manipur, aged about 25 years. 5 2025:HHC:14605 8.2. Thereafter, the articles, thrown by the said person, were picked up and on opening, the same was found to be containing granule/powder shaped substance, which, on the basis of the experience and as per the disclosure, made by the said person, was found to be chitta/heroin. On weighing, the same was found to be 25.62 grams of heroin/chitta and the same was taken into possession. Other codal formalities were completed. 8.3. After registration of the FIR, the police has arrested accused Thokchom Denilson Singh. 8.4. Thereafter, on 03.02.2025, accused was produced before the Court, from where, he was remanded to judicial custody. Subsequently, the contraband, so recovered, was sent to SFSL, Junga, after complying with the provisions of Section 52A of the NDPS Act and subsequently, police has received the positive report. 8.5. During investigation, involvement of Abhishek (applicant) was found, on the basis of CDRs of accused Thokchom Denilson Singh. 8.6. On 26.01.2025, transaction of Rs.4500/- was 6 2025:HHC:14605 found to have been made by Abhishek (applicant) in the UPI account of Thokchom Denilson Singh. Subsequently, applicant was associated in the investigation and was arrested on 04.02.2025. 8.7. As per the status report, FIR No.260/23 dated 08.11.2023, under Section 21 of NDPS Act, has also been registered against the applicant, with Police Station Sadar, Bilaspur, in which, 4.06 gms of chitta/heroin was recovered. 8.8. Lastly, it has been apprehended in the status report that in case, the applicant is released on bail, he may again indulge in similar activities. 9. On the basis of the above facts, a prayer has been made to dismiss the bail application. 10. First of all, so far as the criminal history, which has been mentioned by the applicant, as well as, mentioned in the status report, i.e. FIR No.260/2023 (supra), is concerned, admittedly, in the said case, the competent Court of law has not inflicted the punishment, upon the applicant. As such, the presumption of innocence is still available to the applicant. 7 2025:HHC:14605 11. Mere registration of another case, except the present one, against the applicant, under the provisions of NDPS Act, is too short to take away the presumption of innocence, which is still available to the applicant, as, no conviction has been recorded by the competent Court of law, in the said case. 12. In this case, the contraband, allegedly stated to have been recovered, is 25.62 grams of heroin/chitta. Admittedly, the said contraband 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. 13. 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, as the punishment can be inflicted, after the conclusion of trial. 14. In the present case, investigation is complete and the applicant cannot be kept in the judicial custody for the 8 2025:HHC:14605 indefinite period, that too, when, the contraband, allegedly recovered from the main accused i.e. Thokchom Denielson Singh, does not fall within the definition of ‘commercial quantity’. 15. Moreover, the applicant is presumed to be innocent, till his guilt is proved, by the competent Court of law. 16. Even otherwise, the applicant is the permanent resident of District Bilaspur. As such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 17. Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released, on bail, in case FIR No.28 of 2025, dated 02.02.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station Sadar, District Bilaspur, H.P., on his furnishing personal bonds in the sum of Rs.50,000/- with one surety of the like amount, to the satisfaction of the 9 2025:HHC:14605 learned trial Court. 19. 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 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. 20. 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. 21. 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. 22. The Registry is directed to forward a soft copy of 10 2025:HHC:14605 the bail order to the Superintendent of Jail, Open Air Jail, Bilaspur, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Open Air Jail, Bilaspur, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Bilaspur. The Superintendent of Jail, Open Air Jail, Bilaspur, 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 May 20, 2025 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.05.20 10:43:08 IST