1 2025:HHC:16731 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1176 of 2025 Reserved on : 28.5.2025 Decided on : 30.5.2025 Chandan …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Vijender Katoch, Advocate. For the Respondent : Mr. Tejasvi Sharma, Addl. A.G., assisted by HC Sarvesh Kumar No. 103, Police Station, Gaggal, District Kangra, H.P. Virender Singh, Judge (oral) Applicant Chandan 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, arising out of FIR No. 19 of 2 2025:HHC:16731 2025, dated 10.2.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Gaggal, District Kangra, 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, the contraband involved 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, in this case. 4. The applicant has further pleaded that 16 cases have been registered against him. 5. The applicant has earlier tried his luck by moving Bail Application No. 1 of 2025, before the Court of learned Special Judge, Dharamshala, 3 2025:HHC:16731 District Kangra, H.P., however, the same was dismissed, on 1.5.2025. 6. Investigation in the present case is stated to be completed and the Police is stated to have filed the charge sheet, in the competent Court of law, and the Court has taken cognizance. The case is now stated to be listed for prosecution evidence, on 3.6.2025. 7. 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. 8. On these submissions, a prayer has been made to allow the bail application. 8.1. When put to notice, the police has filed the status report, disclosing therein, that on 10.2.2025, ASI Mohinder Singh, alongwith other police officials, was on patrolling duty, and on duty to detect the crime, towards Gaggal-Ichhi-Gangbheron-Chaitroo side. At about 4:50 p.m., I.O. was present at a place known as ‘Bharnala-Salangari road, where Rajneesh 4 2025:HHC:16731 Kumar, S/o Madan Lal, and Mukhtiar Khan, S/o Umar Deen met him and apprised him about the fact that illegal mining is going on in Sarah Khad. The I.O., alongwith other police officials, and two other persons, proceeded towards Sarah Khud on foot. 8.2 On the way, the I.O. noticed that in the rain shelter, one person was found sitting, who, on seeing the Police party, got perplexed and took out a pouch from the right pocket of his jacket and threw the same, on the lower side. 8.3 ASI Mohinder Singh, got preserved the said pouch and on checking the pouch, in the presence of the police officials and local witnesses, it was found containing powder shaped white substance, which, on checking with the help of drug detection kit, was found to be chitta/heroin. On weighment, the chitta was found to be 6.36 grams of chitta. The person, who had thrown the said substance, on inquiry, disclosed his name as Chandan, S/o Ditu Ram (applicant). 5 2025:HHC:16731 8.4 Other codal formalities were completed and after registration of the FIR, applicant was arrested. The case property was produced before the learned ACJM, Kangra, H.P., where the inventory was got prepared and the contraband was sent to SFSL, Junga, from where, positive report has been received. After completion of investigation, charge sheet has been filed, in the competent Court of law. 8.5 It is the further case of the Police that 16 cases of theft have been registered against the applicant, which are pending before the different Courts. 8.6 It has been apprehended by the Police that in case, the applicant is released on bail, he may again indulge in similar activities. 8.7 On the basis of above facts, a prayer has been made to dismiss the bail application. 9. Contraband, allegedly recovered, in the present case does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of 6 2025:HHC:16731 the NDPS Act are not applicable to the facts of the present case. 10. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 11. So far as the registration of 16 cases, against the applicant, is concerned, it is not the case of the Police that in any of the cases, the applicant has been convicted by the competent Court of law. Merely registration of these cases is too short to take away the presumption of innocence, which is still available to the applicant. There is nothing on record to prove/probabilize that applicant has been declared as “Habitual Offender”, by the competent authority. 12. Chances of conclusion of trial, against the applicant, are not so bright, as such, no useful 7 2025:HHC:16731 purpose would be served by keeping the applicant, in judicial custody, that too, for indefinite period. 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. 19 of 2025, dated 10.2.2025, registered under Section 21 of the NDPS Act, with Police Station, Gaggal, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 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 the 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 8 2025:HHC:16731 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. 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 Lala Lajpat Rai District Air Correctional Home, Dharamshala, H.P., 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 Lala Lajpat Rai District Air 9 2025:HHC:16731 Correctional Home, Dharamshala, H.P., is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of the Lala Lajpat Rai District Air Correctional Home, Dharamshala, H.P., 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 30, 2025 Kalpana Digitally signed by RAJNI Date: 2025.05.30 13:17:57 IST