2025:HHC:16732 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1179 of 2025 Reserved on : 28.05.2025 Decided on: 30.05.2025 Imran Khan …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. N.K. Thakur, Senior Advocate, with Mr. Divya Raj Singh, Advocate. For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, assisted by ASI Hans Raj, PS Bhuntar, District Kullu, H.P. 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-Imran Khan has sought his release, on bail, during the pendency of the trial, arising out of FIR No.12 of 2025, dated 2 2025:HHC:16732 16.01.2025, registered under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Bhuntar, District Kullu, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, by the police, in this case. 3. It has been averred in the application that nothing has been recovered from the applicant and the contraband, alleged shown to have been recovered, in this case, does not fall within the definition of ‘commercial quantity’, as such, according to him, rigors of Section 37 of the NDPS Act are not applicable to this case. Investigation, in the present case, is stated to be completed. 4. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Kullu, Himachal Pradesh. However, the same was dismissed vide order dated 25.03.2025. 5. Lastly, it has been pleaded that three other cases, under the provisions of Indian Penal Code (hereinafter referred to as the ‘IPC’), have been registered 3 2025:HHC:16732 against the applicant. 6. Apart from this, Mr. N.K. Thakur, Senior Advocate, assisted by Mr. Divya Raj Singh, 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 16.01.2025, Sub- Inspector Kamal Kant, along with other police officials, was on patrolling duty. At about 05:20 pm, when, IO was present on the road, below Hathithan Chowk, near AAR-KAY Shawl Industries, then, at a distance of 100 m, from the said chowk, he noticed a person, standing there, who, on seeing the police party, got perplexed and started running towards Jia. 8.1. It is the case of the police that while running, the said person took out a packet, out of the right pocket of his 4 2025:HHC:16732 jacket and the said transparent plastic envelope was thrown on the left side of the road. Subsequently, a suspicion developed in the mind of IO that the said thrown away plastic envelope might be containing some illegal article. As such, the said person was nabbed at a distance of about 10- 15 steps. The said person was enquired about the thing, which, he had thrown away, but, he could not give satisfactory answer. Accordingly, two independent witnesses, namely Rajesh Kumar and Sukh Ram, who were going towards Hathithan, were associated and in their presence, the name and address of the person, who was nabbed, were enquired, upon which, he disclosed his name as Imran Khan, S/o Muzzafar Ali, R/o Village Ridmalsar, Tehsil and District Bikaner, Rajasthan (applicant). 8.2. It is the further case of the police that thereafter, the said thrown away plastic envelope was lifted, which, on opening, was found to be containing brown-shaped substance. The said substance, when checked on drug detection kit, was found to be chitta/heroin. On weighing, the same was found to be 40 grams, which was taken into 5 2025:HHC:16732 possession. Other codal formalities were completed. 8.3. After registration of the FIR, the police has arrested the applicant. 8.4. Thereafter, the case property was produced, before the Court of learned Chief Judicial Magistrate, Lahaul & Spiti, H.P., for conducting the proceedings, under Section 52A of the NDPS Act and subsequently, the sample was sent to SFSL, Junga, from where, the positive report has been received. 8.5. As per the status report, following cases are found to have been registered against the applicant:- i. FIR No.47/2006, under Sections 307, 341, 323, 325, 34 of IPC, with PS JNV, Bikaner, Rajasthan. ii. FIR No.332/2005, under Section 379 of IPC, with PS Suratgarh. iii. FIR No.125/2008, under Sections 392, 34 IPC, with PS JNV, Bikaner, Rajasthan. 8.6. It has been mentioned in the status report that after the investigation, police has prepared the challan and submitted in the Court of learned Special Judge, Kullu, on 17.03.2025. In the said case, total 14 prosecution witnesses have been cited by the prosecution and now, the case is stated to be fixed for 28.06.2025 for supplying the 6 2025:HHC:16732 documents. 8.7. On the basis of above facts, it has been apprehended that the applicant is the resident of Rajasthan State and in case, he is ordered to be released on bail, he may not be available for the trial. 9. Highlighting the criminal history of the applicant, as mentioned in the status report, a prayer has been made to dismiss the application. 10. In this case, the contraband, allegedly stated to have been recovered, is 40 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. 11. Once, it has been held that the rigors of Section 37 of the NDPS Act are not applicable, then, the next question, which arises for determination, before this Court, is whether on the basis of the three other cases, as referred to above, against the applicant, the relief of bail can be declined to him or not. The answer to this question is in negative, as, admittedly, in none of the three cases, the 7 2025:HHC:16732 applicant has been convicted by the competent Court of law. In other words, it can be said that despite registration of the other three cases, under the provisions of IPC, the accused (applicant) is still presumed to be innocent. 12. In the present case, investigation is complete. The police has submitted the challan, in the competent Court of law and the same is fixed for 28.06.2025. This fact is sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police. 13. The charge-sheet, in this case, is stated to have been filed on 17.03.2025 and till date, the learned trial Court has not even framed the charges against the applicant. As such, considerable time will be taken by the learned trial Court to examine 14 prosecution witnesses. Hence, it can be said that the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright. 14. Moreover, the bail application cannot be rejected as a matter of punishment, as, pre-trial punishment is prohibited under the law and the punishment can be 8 2025:HHC:16732 inflicted, after the conclusion of trial. As such, no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period. 15. So far as the apprehensions, which have been expressed by the police in the status report, that the applicant is the resident of Rajasthan State and in case, he is ordered to be released on bail, he may not be available for the trial, is concerned, on this ground, the relief, for which, the applicant is otherwise entitled for, cannot be declined to him, as, for those apprehensions, reasonable conditions can be imposed upon the applicant, in case, he is ordered to be released on bail, in this case. 16. Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released, on bail, in case FIR No.12 of 2025, dated 16.01.2025, registered under Section 21 of the NDPS Act, with Police Station Bhuntar, District Kullu, H.P., on his furnishing personal bonds in the sum of Rs.50,000/- with 9 2025:HHC:16732 two sureties of the like amount, to the satisfaction of the learned trial Court. 18. This order, however, shall be subject to the following conditions:- a) The 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) 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. 19. 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. 20. 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. 10 2025:HHC:16732 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kullu, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. 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, Kullu, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent of Jail, District Jail, Kullu, 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 30, 2025 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.05.30 11:48:35 IST