Extracted from the PDF above. The PDF is authoritative.
2025:HHC:17887 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP (M) No. : 1252 of 2025 Decided on : 05.06.2025 Kulwant Kaur
…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. Jeevan Kumar, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General. Virender Singh, Judge ApplicantKulwant Kaur 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 her on bail, during the pendency of trial, in case arising out of FIR No.17 of 2025, dated 22.01.2025, registered, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), and Section 132 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2025:HHC:17887 and 121(1) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the BNS), with Police Station, Dharamshala, District Kangra, H.P.
2. According to the applicant, she is innocent person and has falsely been implicated by the Police in the present case and presently, she is in judicial custody.
3. The applicant has put forward the fact that except the present case, no other case has been registered against her.
4. As per the applicant, the investigation, in the present case, is complete and no useful purpose would be served by keeping her in judicial custody, as chances of commencement and conclusion of the trial against him, in near future, are not so bright.
5. Applicant has filed similar application before learned Special JudgeIII, Kangra at Dharamshala, District Kangra, however, her application has been dismissed vide
order dated 16.05.2025.
6. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings,
3 2025:HHC:17887 to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail.
7.
Learned counsel appearing for the applicant has submitted that the applicant is entitled for the relief of bail on the ground of parity also, as, her coaccused Ayush Soni, Jermanjeet Kaur, Shwetang Kumar Sahi, and Shashank Bisht, have already been released on bail, by this Court, vide orders dated 15.05.2025, 23.05.2025 and 03.06.2025 passed in Cr.MP(M) Nos.954, 1007, 1123 & 1213 of 2025. 8. On the basis of the above facts, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report, disclosing therein, on 22.01.2025, HC Shashi Pal No.39, along with other police officials, was on patrolling duty in official vehicle No.HP39E3253. 9.1. At about 12.50 a.m., in the midnight, when the I.O., along with other police officials, reached at Petrol Pump Sakoh, then he noticed a vehicle coming in the high speed from Gaggal side. 4 2025:HHC:17887
9.2. On seeing the police vehicle, driver of the said vehicle, all of a sudden take a cut and drove the vehicle at a very high speed towards Sakoh side, as such, the I.O. raised suspicion in his mind that some objectionable item could be there in the vehicle, as such, he directed the driver of his vehicle to chase the said vehicle, registration number of which was HP39B9902. 9.3. When, the police vehicle was chasing the vehicle bearing registration No.HP39B9902, its driver increased its speed, upon which, the I.O. informed SI Vijay Singh, who was already on patrolling, to intercept the said vehicle coming on the Sakoh road. 9.4. After chasing the said vehicle, the driver of the said vehicle drove the vehicle through Radio Colony link road towards Chilgadi, however, in that process, the vehicle struck against the RCC retaining wall. Thereafter, three boys were found to have alighted down from the vehicle, who ran towards Rodikut road side. 9.5. One boy was nabbed by ASI Vijay Singh, at a distance of 20 meters, however, other persons could not be nabbed, as it was the night time. The person, so nabbed,
5 2025:HHC:17887 gave a fist blow on the right eye of ASI Vijay Singh. The said person was overpowered by other police officials. On inquiry, he disclosed his name as Shanshak Bisht. He also disclosed the names of his companion, who allegedly ran away from the sport, as Ayush Soni and Shwetang Shahi @ Shinu. 9.6.
Constable Abhishek Kumar was sent to arrange independent witness. At about 1.25 a.m., he came back with one person namely Manoj Kumar, who was associated as independent witness. In the presence of said independent witnesses, the vehicle was searched and during search, from underneath the foot mat of front seat, a transparent polythene was found along with electronic weighing scale. 9.7. When the said polythene was opened, brown coloured granular shaped substance was found, which on smelling and on the basis of experience was found to be Chitta/heroin. Accused Shashank Bisht also confirmed the said fact. On weighment, the same was found to be 30 grams of Chitta. 6 2025:HHC:17887
10. After completion of other codal formalities, the FIR, in question, was registered and the accused was arrested. The contraband along with the vehicle was taken into possession. 11. Thereafter, the medicolegal examination of ASI Vijay Singh was got conducted. On 22.1.2025, accused Ayush Soni and Shwetang Kumar Shahi @ Shinu, were also associated in the investigation and were arrested. 12. During investigation, accused Ayush Soni and Shwetang Kumar Shahi @ Shinu, has disclosed that Raman Kumar is also dealing in the business of Chitta/Heroin. FIR No.13/25, dated 15.1.2025, under Section 21 of the NDPS Act, was found to be registered with Police Station, Dharamshala against accused Raman Kumar @ Rambo. 13. Raman Kumar has introduced accused Ayush Soni and Shwetang Kumar Shahi @ Shinu with the smuggler of Chitta namely Maninder Singh. Against said Maninder Singh, case bearing FIR No.18/25, dated 24.01.2025, registered under Section 21, 25 and 29 of the NDPS Act was found to be registered with Police Station
7 2025:HHC:17887 Dharamshala. Accused Raman Kumar was arrested in FIR No.13/25 on 15.1.2025. 14. During investigation, involvement of Maninder Singh and Rakesh Kumar was also found, who were stated to have been arrested in FIR No.18/25. 15. On 24.1.2025, custody of Maninder Singh and Rakesh Kumar was transferred from case No.18/25 to this case and they were arrested on 27.1.2025. 16.
During investigation, it has also been found that accused Ayush and Shinu used to transfer the amount in the account of one Kulwant Kaur (applicant) and thereafter, Kulwant Kaur (applicant) used to transfer the said amount in the account of accused Jermanjeet Kaur. 17. Accused Shwetang Kumar Sahi has transferred a sum of Rs.1,88,000/, whereas, accused Ayush Soni has transferred a sum of Rs.2,53,000/ to the account of Kulwant Kaur (applicant). The said amount was transferred for purchasing Chitta. Accused Jermanjeet Kaur in connivance with her mother has transferred the amount of Rs.8,40,370/ in her bank account. 8 2025:HHC:17887
18. Thereafter, the service provider was requested to provide the CDRs of mobile number of accused Shwetang Kumar Shahi, Ayush, Shashank and Jermanjeet Kaur. On perusal of those CDRs, location of accused Ayush, Shashank and Shwetang Kumar Shahi was found to be in the area of Dharamshala to Daulatpur, on 21.01.2025, at 4.30 p.m., whereas, their location was found to be at Dharamshala, on 12.30 a.m, at 22.1.2025. 19. It has also been found in the investigation that accused Shwetang Kumar, Ayush and Shashank had purchased Chitta from accused Maninder Singh and Rakesh Kumar at Mubarikpur, during night of 21.1.2025. Accused Maninder Singh and Rakesh Kumar were arrested in FIR No. 18/25, registered under Section 21 and 29 of the NDPS Act. Accused Kulwant Kaur (applicant) was arrested on 2.3.2025. 20. During investigation, it was found that accused Kulwant Kaur (applicant) had transferred the said amount to the account of her daughter accused Jermanjeet Kaur and accused Jermanjeet Kaur was proceeding towards Delhi Airport, as her flight to Canada was scheduled for
9 2025:HHC:17887 03.03.2025, at 5.35 a.m. She was nabbed at Delhi Airport on 03.03.2025, at about 3.30 a.m. and was arrested. 21. After completion of the investigation, charge sheet has been filed against accused Ayush, Shwetang, Shashank, Maninder Rakesh, Kulwant Kaur (applicant) and accused Jermanjeet Kaur, in the Court of learned Additional Sessions JudgeIII, Kangra at Dharamshala. The case is now fixed for consideration on charge. 22.
On the basis of the above facts, a prayer has been made to dismiss the application. 23. The contraband allegedly recovered from the possession of accused persons, 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. 24. Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, then, the next question, which arises for determination, before this Court, is as to whether the applicant is entitled to the relief, as claimed in the application or not. 10 2025:HHC:17887
25. Investigation, in the present case, is complete as such, it can be said that the custodial interrogation of the applicant is not required by the Police. Moreover, the chances of commencement and conclusion of the trial against the accused persons, in near future, are not so bright. 26. Except the present case, no other case is found to have been registered against the applicant, as such, the presumption of innocence is still available to the applicant. 27. 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. 28. Moreover, on the ground of parity, the applicant is entitled to be released on bail, as, her coaccused Ayush Soni, Jermanjeet Kaur, Shwetang Kumar Sahi and Shashank Bisht, have already been released, on bail, by this Court, vide order dated 15.05.2025, 23.05.2025 and
03.06.2025. 11 2025:HHC:17887
29. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.
The applicant is ordered to be released on bail in case FIR No.17 of 2025, dated 22.01.2025, registered, under Sections 21, 25 and 29 of the NDPS Act and Sections 132 & 121(1) of the BNS, with Police Station, Dharamshala, District Kangra, H.P., on her furnishing personal bonds, in the sum of Rs.50,000/, with one surety, in the like amount, to the satisfaction of learned trial Court. 29. 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.”
12 2025:HHC:17887
30. 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.
31. 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 applicant.
32. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, through email, with a direction to enter the date of grant of bail in the eprison software.
33. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, is
directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this
13 2025:HHC:17887 Court, within a period of one month from today, then, the said fact be submitted to this Court.
( Virender Singh ) Judge June 05, 2025(ps) Digitally signed by RAJNI Date: 2025.06.05 17:19:22 IST