Extracted from the PDF above. The PDF is authoritative.
2025:HHC:15443 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP (M) No. : 1100 of 2025 Reserved on : 21st May, 2025 Decided on : 23rd May, 2025 Shoukat Ali
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. N.K. Thakur Senior Advocate with Mr. Divya Raj Singh, Advocate. For the respondent : Mr. Tejasvi Sharma & Mr. H.S. Rawat,
Additional
Advocates General with Ms. Ranjna Patial, Deputy Advocate General assisted by HC Dinesh Kumar, No.09, Police Station Tissa, District Chamba, H.P. Virender Singh, Judge ApplicantShoukat Ali has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, arising out of FIR No.31 of 2025, dated 22.03.2025, registered, under Section 18 of the Narcotic 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:15443 Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), with Police Station, Tissa, District Chamba, H.P.
2. According to the applicant, he is innocent person and has nothing to do with the contraband allegedly shown to have been recovered from the possession of the applicant, along with currency of Rs.34,020/. The applicant has termed those allegations, as false and fabricated. 3. According to the applicant, the recovery has allegedly been effected from the house, which is not owned by him. It is the further case of the applicant that the investigating agency is inimical towards him, as, he has been ropedin by the police in numerous cases, whereas, no recovery has been effected from him, in any case. 4. Applicant has filed similar application before learned Special JudgeII, Chamba, District Chamba, however, his application has been dismissed vide order dated 30.04.2025. 5. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings,
3 2025:HHC:15443 to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail. 6. On the basis of the above facts, a prayer has been made to allow the application. 7.
When put to notice, the police has filed the status report, disclosing therein, on 22.03.2025, HC Hem Raj, has submitted a rukka to the police station for registration of the FIR, disclosing therein, that on 22.3.2025, as per the departure report No.12, registered with Police Station Sadar, Chamba, he had proceeded towards Jangi area, in search of Shoukat Ali (applicant), and during search said Shoukat Ali (applicant) was not found at Jangi. 7.1. However, on the basis of secret information, that the mobile phone of Shoukat Ali is 8894087805, his location was found to be within the jurisdiction of Police Station Tissa. As such, the I.O., along with other police officials, reached at Police Station Tissa, in the search of said Shoukat Ali, where, Rapat No.15 was got entered and with the help of Police officials from the said Police Station, Shoukat Ali was searched for and they reached at place
4 2025:HHC:15443 Dhanju, where he was found present in the house of Mazeed Mohammad. 7.2. Thereafter, when Shoukat Ali (applicant) was apprised about order No.RI/202513062, dated 21.3.2025, under Section 3(1) of the PITS in NDPS Act, then, said Shoukat Ali (applicant) got perplexed. He turned away, and threw a polythene packet and the currency notes from his pocket and started making noise, upon which, the I.O. with the help of the police officials calmed down him and thereafter, the polythene envelope was checked. The same was found to be containing black coloured substance in it. On the basis of experience and on smelling, it was found to be opium, which on weighment was found to be 25.23 grams, whereas, currency notes were found to be Rs.34,020/. 8. After completion of the other codal formalities, the FIR, in question, was registered and the applicant was arrested. 9. It is the further case of the police that the applicant is addict of drugs and repenting upon his act.
As
5 2025:HHC:15443 per the status report, following cases are found to have been registered against him: i) FIR No. 261 of 2005, dated 5.11.2005, under Section 379 of IPC and Section 3 of the PDP Act, with Police Station Sadar, District Chamba, in which, he has been acquitted on 31.01.2010. ii) FIR No. 275 of 2017, dated 7.11.2017, under Section 452, 324, 307, 323, 147, 148, 149, 325, 107, 120B, 504 and 506 of IPC,with Police Station Sadar, Chamba, which is pending in the Clourt of learned Sessions Judge, Chamba and is listed for further order on 2.6.2025; iii) FIR No.262 of 2023, dated 24.08.2023, under Sections 21 and 22 of the NDPS Act, with Police Station Chamba, which is pending in the Court of learned Special Judge, Chamba; in which, from the accused, 7.78 grams of Heroin, 80 capsules pregabalin 300 grams, 07 tablets Temidol 100 grams and 5 injections insulin, were allegedly recovered. The said case is listed on 25.6.2025; and iv) FIR No.177 of 2024, dated 16.06.2024, under Section 21 of the NDPS Act, with Police Station Sadar Chamba, in which, accused was allegedly found to be in possession of 11.58 grams Heroin. The said case is stated to be pending in the Court of learned Special Judge, Chamba and listed on 9.6.2025. 10. It has also been mentioned in the status report that after completion of the investigation, final report has been filed on 19.05.2025, in the competent Court of law. 6 2025:HHC:15443
11. It has also been mentioned in the status report that in case, the applicant is released on bail, he may again indulge in the same activity. As such, a prayer has been made to dismiss the application. 12. The contraband allegedly recovered from the possession of the applicant, in this case, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 13.
When, the police had taken a specific stand that the applicant is in the habit of consuming narcotic drugs and repenting upon his act, then mere registration of the cases, details of which have been reproduced above, is too short to decline the relief of bail, as claimed by the applicant in this case. 14. Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pretrial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 7 2025:HHC:15443
15. The applicant is permanent resident of Chamba, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial. 16. Investigation, in the present case, is complete and the challan has been filed, in the competent Court of Law on 19.05.2025. The chances of commencement and conclusion of the trial, against the applicant in near future are not so bright, as such, no useful purpose would be served by keeping the applicant in the judicial custody, that too for indefinite period. 17. So far as the apprehensions, which have been expressed by the police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail. 18. Cumulative effect of the above discussion is that the applicant is able to make out a case for releasing him on bail.
Consequently, the application is allowed and the applicant is ordered to be released on bail during the pendency of the trial, arising out of FIR No.31 of 2025,
8 2025:HHC:15443 dated 22.03.2025, registered, under Section 18 of the NDPS Act, with Police Station, Tissa, District Chamba, H.P., on his furnishing personal bonds, in the sum of Rs.50,000/, with one surety, in the like amount, to the satisfaction of learned trial Court/Chief Judicial Magistrate Chamba. 19. This order of release, 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 d) Applicant shall not leave the territory of India without the prior permission of the Court.”
20. 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. 9 2025:HHC:15443
21. 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 applicant/petitioner. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Chamba, District Chamba, through email, with a direction to enter the date of grant of bail in the eprison 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, District Jail, Chamba, District Chamba, is directed to inform this fact to the Secretary, DLSA, Chamba. The Superintendent of Jail, District Jail, Chamba, District Chamba, 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 23, 2025(ps) Digitally signed by RAJNI Date: 2025.05.23 11:52:07 IST