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High Court of Himachal Pradesh · body

2025 DAILYLAW 15084 (HP)

VEER CHAND v. STATE OF HP

CRMPM/1185/2025 · 2025-05-22

Virender Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 ( 2025:HHC:15314 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1185 of 2025 Date of Decision: 22.05.2025 Veer Chand …Applicant Versus State of H.P …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Ms. Kamlesh Kumari, Advocate, vice Mr. H.S. Rana, Advocate. For the Respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Ms. Ranjna Patial, Deputy Advocate General. Virender Singh, Judge (Oral) By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Veer Chand has sought his release, on interim bail, for a period of one month, in case arising out of FIR No.65 of 2024, dated 18.03.2024, (hereinafter referred to as the FIR in question), registered under Sections 21, 29, 8C, 27A-61-85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:15314 ) the ‘NDPS Act’), with Police Station Nalagarh, District Solan, H.P., in order to attend the last rituals of his mother-in-law 2. As per the certificate issued by the Gram Panchayat Jagatpur, Block Nalagarh, District Solan, H.P., which has been annexed with the application, the last rituals/Bhog of the mother-in-law of the applicant is scheduled to be held on 24.05.2025, however, on the back side of the said certificate, the photocopy of the card has also been annexed, according to which, the Dharam Shanti Path is scheduled to be held on 23.05.2025. 3. On the basis of the above facts, a prayer has been made to allow the application. 4. When put to notice, the State has filed the status report disclosing therein, that the IO was checking the vehicles, on 18.03.2024 at about 6:35 PM, then, during the search of the vehicle No.HP93-9431, being driven by Suresh Kumar S/o Nand Lal, 28,140 tablets of Lomotil were recovered. Thereafter, the involvement of the applicant was also found, as such, Suresh Kumar and Veer Chand, (applicant) were arrested, in this case. 5. After completion of the investigation, police has filed the charge-sheet in the competent Court of law and case 3 ( 2025:HHC:15314 ) is now pending adjudication in the Court of learned Additional Sessions Judge, Nalagarh. 6. Considering the fact that the commercial quantity of contraband is involved in the present case, as, such, without complying with the provisions of Section 37(b)(1) and 2 of the NDPS Act, the relief of interim bail cannot be granted to the applicant and at this stage, there is nothing on the file to establish that the twin conditions, as enumerated under Section 37 of NDPS Act, exist in favour of the applicant. However, considering the prayer, the ends of justice would meet, if the applicant is ordered to be taken to his in-law’s house at village Dhana, P/o Bhatiyan, Tehsil Nalagarh District Solan, H.P., on 23.05.2025, from 10:30 AM to 5:00 PM, in police custody, so that he could attend the last rituals of his mother in law. After attending the same, he be again lodged in District Jail, Solan. The Jail authorities are directed to take the appropriate action in this regard. 7. The present bail application is disposed of, in the aforesaid terms. 8. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the 4 ( 2025:HHC:15314 ) case, as, these observations are confined only to the disposal of the present application. 9. Copy of this order be communicated to the Superintendent of Police, Solan/Jail authorities at Solan for necessary action and compliance. (Virender Singh) Judge May 22, 2025 (subhash) Digitally signed by RAJNI Date: 2025.05.22 16:47:40 IST