1 2025:HHC:15451 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1095 of 2025 Reserved on : 21.5.2025 Decided on : 23.5.2025 Lalvinder Singh …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. R.S. Chandel, Advocate. For the Respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Addl. A.Gs with Ms. Ranjna Patial, Dy. A.G., assisted by HC Vinod Kumar No. 192, Police Station, Theog, District Shimla, H.P. Virender Singh, Judge Applicant Lalvinder Singh 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. 17 of 2025 dated 15.2.2025, registered under Sections 21 and 2 2025:HHC:15451 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Theog, District Shimla, 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, investigation, in the present case, is complete and nothing is to be recovered from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police. 4. The applicant has earlier tried his luck by moving bail application bearing No. 20 of 2025, before the learned Special Judge, Rohru, Camp at Theog, District Shimla, H.P. However, said applicant has been dismissed on 13.3.2025. 3 2025:HHC:15451 5. According to the applicant, he is a young man of 20 years, and is a student, and in case, he is ordered to be kept in judicial custody, it will adversely affect his future. 6. 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, during the pendency of the trial. 7. On these submissions, a prayer has been made to allow the bail application. 7.1 When put to notice, the police has filed the status report, disclosing therein, that on 15.2.2025, HC Kapil, I.O., Police Station, Theog, submitted a ruqua to the Police Station, Theog, for registration of the FIR, disclosing therein, that on 14.2.2025, he alongwith other police officials, left the Police Station for patrolling duty towards Rahighat-Sarog Gali, in the official vehicle. 7.2 On that day, at about 7:50 p.m., when, I.O. alongwith other police officials, was present at 4 2025:HHC:15451 Rahighat, then, he received a secret information that in Driftwood Home Stay, on NH-5, in room No. 102, some people are staying, who are in the business of selling/purchasing chitta/heroin. As per the information, if the said room is searched, then, large quantity of chitta could be recovered. The said information was found to be authentic and reliable. 7.3 Considering the paucity of time, the I.O. considered it not possible to obtain search warrant, as, in case of delay, 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 Incharge, Police Station, Theog, Distt. Shimla, H.P. 7.4 Thereafter, the I.O. proceeded towards the aforesaid Homestay. In the reception of the Driftwood Home Stay, one man and one woman were found present. The I.O. gave his identification. On inquiry, the aforesaid persons disclosed their names as Mahinder, S/o Durga Dutt and Kanta Devi, W/o 5 2025:HHC:15451 Rajinder. Both of them were associated in the Police party, and were apprised about the information, which the Police had received. 7.5 Thereafter, the Police alongwith the independent witnesses reached in room No. 102, where four persons were found present. The I.O. gave his identification to them and apprised them about the secret information. 7.6 On inquiry, the persons found in room No. 102 of Home Stay disclosed their names as Lalvinder Singh, S/o Manjinder Singh (applicant), Pritpal S/o Gurcharan Singh, Virender Singh, S/o Lal Singh and Nitesh Verma, S/o Balak Ram. Thereafter, the room was searched. During search of the room, currency notes of Rs. 38,500/- were found in the Almirah. Thereafter, underneath the pillow, lying on the bed, a light yellow coloured plastic pouch was found, which, on checking was found containing stone shaped light brown coloured substance. On smelling, and on the basis of experience, the same was found to be chitta. 6 2025:HHC:15451 The said fact has also been confirmed by the aforesaid four persons. 7.7. As per the stand taken by the Police, they could not give satisfactory answer regarding the currency notes, as such, the same have been concluded to be the sale proceeds of the chitta/heroin, by the I.O. On weighment, the substance was found to be 7.25 grams of chitta. Other codal formalities were completed. After registration of the FIR, all the aforesaid persons were arrested. 7.8 Thereafter, inventory of the case property was got prepared. Case property was sent to the SFSL, Junga, from where, positive report has been received. 7.9 Investigation is stated to be completed in the present case and charge sheet is stated to have been filed by the Police in the Court of learned Special Judge, Rohru. 7.10 It is the further case of the Police that no other case has been found to have been registered 7 2025:HHC:15451 against the applicant. However, it has been apprehended that the applicant is very clever person and he has indulged in the business of selling and purchasing chitta, with his co-accused, and, in case, he is released on bail, he may coerce witness or allure them. 7.11 It is the further case of the Police that the applicant is resident of adjoining State and in case, he is released on bail, he may not be available for trial, and may again indulge in similar activities. 7.12 On the basis of above facts, a prayer has been made to dismiss the application. 8. 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. 9. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has 8 2025:HHC:15451 been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 10. Considering the fact that no other case is found to have been registered against the applicant and he is a young man of 20 years, keeping him in judicial custody, that too, in the company of hardened criminals, would adversely affect his future. 11. The bail application cannot be rejected as a matter of punishment, as presumption of innocence is still available to the applicant, till his guilt is proved, after the full fledged trial. 12. So far as the apprehension expressed by the Police qua the fact that the applicant is resident of Punjab and he may not be available to face the trial, for that purpose, reasonable conditions can be imposed on him, in case, he is ordered to be released on bail. 9 2025:HHC:15451 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. 17 of 2025, dated 15.2.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Theog, District Shimla, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties in the like amount, to the satisfaction of learned trial Court/ learned ACJM, Theog, District Shimla, H.P. 15. This order, however, shall be subject to the following conditions:- a) 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 appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; 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 10 2025:HHC:15451 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 Model Central Jail, Kanda, Shimla, 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 Model Central Jail, Kanda is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the Model Central Jail, Kanda is 11 2025:HHC:15451 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 23, 2025 Kalpana Digitally signed by RAJNI Date: 2025.05.23 12:00:09 IST