1 2025:HHC:19530 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1253 of 2025 Reserved on : 19.6.2025 Decided on : 24.6.2025 Vishal Chandel …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Lakshay Parihar, Advocate. For the Respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Addl. Advocate Generals, assisted by ASI Harvinder Kumar, PS Mehatpur, District Una, H.P. Virender Singh, Judge Applicant Vishal Chandel 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. 12 of 2025, 2 2025:HHC:19530 dated 7.2.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Mehatpur, District Una, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, and the relief of bail has been sought on the ground that the investigation, in the present case, is complete, as Police has filed final report, which is pending adjudication, before the competent Court of law. 3. Petitioner has given the details of the cases, which have been registered against him, which are as follows: i) FIR No. 165 of 2021, registered at Police Station Una, under Section 21 of the NDPS Act; ii) FIR No. 448 of 2021, under Sections 21 and 29 of the ND&PS Act, registered at Police Station, Una, H.P. (Acquitted vide judgment dated17.4.2025 CIS Regd No.12/2022) iii) FIR No. 35 of 2022, under Section 21 of the NDPS Act, Police Station, Mehatpur, District Una, H.P. 3 2025:HHC:19530 4. 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. 5. The applicant has tried his luck by moving similar application before the Court of learned Special Judge-II, Una, H.P., however, the same was dismissed on 14.5.2025. 6. Thereafter, the applicant has filed Cr. M.P. (M) No. 1191 of 2025, which was dismissed as withdrawn, on 22.5.2025. 7.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 7.2.2025, a 4 2025:HHC:19530 letter was received from the Superintendent of Police, Una, authorizing to search the premises, under Section 41(2) of the NDPS Act. By virtue of said letter, authorization had been given to search the house of Vishal Chandel (applicant), S/o Sh. Bahal Singh, R/o Ward No.2, Mehatpur, District Una, H.P., upon which, the police party had reached at the residential house of Vishal Chandel (applicant). 8.2 On the spot, Municipal Councillor of Ward No. 2, namely, Som Nath was present there, who was also apprised about the factual position. As such, he was associated in the raiding party. 8.3 As per the further stand of the Police, the I.O. knocked the gate of house of applicant Vishal Chandel, who, on inquiry, has disclosed his name as Vishal Chandel (applicant). Thereafter, the I.O. apprised him about the authorization given to him by the Superintendent of Police, Una, H.P. 8.4 On searching the ground floor of the house of the applicant, nothing incriminating was found. 5 2025:HHC:19530 Thereafter, upper floor of the house was searched. During search, under the pillow, on the bed, a white coloured small box ‘NIVEA soft Light moisturizing cream’ was found, which, on opening was found containing a transparent polythene envelope containing light brown coloured granule shaped substance. 8.5 In addition to this, another polythene envelope was found, which was containing another granule shaped light brown coloured substance. On the basis of experience, the aforesaid substance was found to be chitta. On weighment, chitta/heroin was found to be 19.14 grams. 8.6 In addition to this, during search of the room, currency notes of the denomination of Rs. 10700/- were also found, which were also taken into possession. 8.7 Other codal formalities were completed. 6 2025:HHC:19530 8.8 Thereafter, accused was arrested and the proceedings under Section 52-A of the NDPS were got conducted and the case property was sent to RFSL, Junga, from where, positive report has been received. 8.9. It is the further case of the Police that apart from the present case, three cases are also found to have been registered, against the applicant, under the provisions of NDPS Act, which are as under: i) FIR No. 165 of 2021, dated 13.5.2021, registered at Police Station Una, under Section 21 of the NDPS Act, pending adjudication before the learned trial Court; ii) FIR No. 448 of 2021, dated 23.11.2021, under Sections 21 and 29 of the ND&PS Act, registered at Police Station, Una, H.P., pending adjudication before the learned trial Court; and iii) FIR No. 35 of 2022, under Section 21 of the NDPS Act, Police Station, Mehatpur, District Una, H.P., pending adjudication before the learned trial Court. 8.10 As per the status report, in case FIR No. 448 of 2021, dated 23.11.2021, under Sections 21, 29- 61-85 of the NDPS Act, the applicant is stated to have been acquitted on 17.4.2025, however, in the status report, it has been mentioned that the matter is still pending adjudication. As per the explanation 7 2025:HHC:19530 submitted by the Superintendent of Police, Una, due to late receiving of ‘saja slip’, the fact regarding acquittal of the applicant, in the aforesaid case, could not have been mentioned, in the status report. 8.11 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 the NDPS Act are not applicable to the facts of the present case. 10. Two cases under the provisions of NDPS Act are stated to have been pending adjudication against the applicant. Admittedly, in both the cases, the applicant has not been convicted by any competent Court of law, as such, presumption of innocence is still available, in his favour. 11. Moreover, there is nothing on record to demonstrate that any efforts have been made to get 8 2025:HHC:19530 the bail cancelled in the aforesaid cases, nor there is anything on record to demonstrate that any efforts have been made by the Police to declare the applicant as habitual offendor. 12. The applicant is permanent resident of District Una, as such, it cannot be said that in case, he is ordered to be released on bail, he may not be available for trial. 13. Chances of conclusion of trial, against the applicant, are not so bright, in near future, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 14. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 15. Consequently, the applicant is ordered to be released on bail in case FIR No. 12 of 2025, dated 7.2.2025, registered under Section 21 of the NDPS Act, with Police Station, Mehatpur, District Una, 9 2025:HHC:19530 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. 16. 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 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. 17. 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. 18. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, 10 2025:HHC:19530 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 District Jail, Bangarh, Distt. Una, 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 District Jail, Bangarh, District Una, H.P. is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of the District Jail, Bangarh, District Una, 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 June 24, 2025 Kalpana Digitally signed by RAJNI Date: 2025.06.24 16:11:05 IST