2025:HHC:18771 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMPs(M) No. : 1254 & 1255 of 2025 Reserved on : 05.06.2025 Decided on : 19.06.2025 CrMP(M) No.1254 of 2025 Sandeep Kumar …Applicant Versus State of Himachal Pradesh …Respondent CrMP(M) No.1255 of 2025 Ravinder Singh …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant(s) : Mr. N.K. Thakur, Senior Advocate with Mr. Karan Veer Singh, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. Mohinder Zharaick, Additional Advocates General, assisted by HC Manglesh No.44, PS Palampur, District Kangra, H.P. Virender Singh, Judge This order of mine shall dispose of both the above-titled bail applications, which have been filed by the 2 2025:HHC:18771 applicants, under Section 483 of the Code of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), for releasing them, on bail, during the pendency of trial, arising out of FIR No.24 of 2025, dated 02.02.2025 (hereinafter referred to as the ‘FIR, in question’), registered with Police Station Palampur, District Kangra, H.P., under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Section 111 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’). 2. According to the applicants, they are innocent persons and have falsely been implicated, in the present case. 3. It is the case of the applicants that nothing was recovered from their conscious and exclusive possession or at their instance and investigation of the present case is complete. 4. Applicant-Ravinder Singh has asserted the fact that apart from the present case, following cases have also been registered against him:- i. FIR No.115/2018, under the Excise Act. 3 2025:HHC:18771 ii. FIR No.94/2019, under Section 379 of IPC. iii. FIR No.105/2022, under the provisions of NDPS Act. iv. FIR No.43/2024, under the provisions of NDPS Act. 5. According to applicant-Ravinder Singh, he had earlier tried his luck by moving similar application, bearing Bail Application No.67-P/XXII/2025, before the Court of learned Special Judge, Palampur, District Kangra, Himachal Pradesh. However, the same was dismissed vide order dated 22.04.2025. 6. It has also been pleaded in the application, by applicant-Sandeep Kumar, that except the present case, three other cases have also been registered against him, details of which are reproduced, as under:- i. FIR No.114/2021, registered under the provisions of IPC. ii. FIR No.6/2018, registered under the provisions of NDPS Act. iii. FIR No.355/2022, registered under the provisions of NDPS Act. 7. According to applicant-Sandeep Kumar, he had also earlier tried his luck by moving similar application, bearing Bail Application No.64-P/XXII/2025, before the 4 2025:HHC:18771 Court of learned Special Judge, Palampur, District Kangra, Himachal Pradesh. However, the same was also dismissed vide order dated 22.04.2025. 8. Apart from this, Mr. N.K. Thakur, Senior Advocate, assisted by Mr. Karan Veer Singh, Advocate, has given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 9. On the basis of the above facts, a prayer has been made to allow the bail applications. 10. When, put to notice, the police has filed the status report, disclosing therein, that on 01.02.2025, HC Vijay Kumar, IO, PS Palampur, along with other police officials, had left the police station for patrolling duty, as well as, duty to detect the crime, relating to excise and narcotics. 10.1. It is the case of the police that at about 11:45 pm, when, IO, along with other police officials, was present at a place known as Suggar, near Hanuman Temple, then, he noticed that a white coloured Swift car was parked on the left side of the road, upon which, HC Vijay Kumar directed 5 2025:HHC:18771 the driver to park the police vehicle on the left side of the road. Subsequently, the driver had parked the police vehicle on the left side of the road in front of the said vehicle. 10.2. It is the further case of the police that thereafter, HC Vijay Kumar alighted down from the vehicle and went to the said car, in which, two persons were found sitting. The registration number of the said car was found to be HR41-F- 1766. Thereafter, IO enquired from those two persons as to what they were doing there, upon which, the said persons got perplexed. On enquiry, the person, who was on the wheel, disclosed his name as Sandeep Kumar (applicant in CrMP(M) No.1254 of 2025) and the other person, sitting next to aforesaid person, disclosed his name as Ravinder Singh (applicant in CrMP(M) No.1255 of 2025). Subsequently, driver was directed to show the requisite documents. The Registration Certificate of the vehicle was found to be in the name of one Mohan Singh, S/o Havela Singh, R/o VPO Pehri Gulam Ali, Kaithal, Haryana. 10.3. It is the further case of the police that considering the suspicious activities of both the applicants, as well as, considering the fact that number of theft cases 6 2025:HHC:18771 were reported in the area, IO deemed it proper to search the vehicle. Since, no independent witness was present there, as such, Local Councillor Anish Nag was requested to come present at the spot, who, after 15 minutes, reached at the spot, along with Ashish Nag and after giving their positive response, both of them were associated as independent witnesses. Thereafter, in their presence, vehicle No.HR41-F- 1766 was searched. During the search of the vehicle, near steering wheel, a polythene envelope was found, which, on opening, was found to be containing chitta/heroin. On weighment, the same was found to be 135 grams, which was taken into possession and other codal formalities were completed. 10.4. After registration of the FIR, both the applicants were arrested. 10.5. Thereafter, on 02.02.2025, the contraband, so recovered, was produced, before the Court of learned JMFC, Baijnath, for conducting the proceedings, under Section 52(A)(II) of NDPS Act and subsequently, was sent to SFSL, Junga, after complying with the provisions of Section 52A(II) of the NDPS Act. Thereafter, positive report, regarding the 7 2025:HHC:18771 contraband, has been received from SFSL, Junga. 10.6. Thereafter, on the basis of further investigation, involvement of other accused, namely Krishan @Vikka, Sagar Sharma and Jyoti, W/o Sagar Sharma, was also found. 10.7. As per the status report, following cases are found to have been registered against applicant-Ravinder Singh:- “i. FIR No.115/2018, dated 25.07.2018, under Section 61-1-14 of Excise Act. ii. FIR No.94/19, dated 17.06.2019, under Section 379 of IPC. iii. FIR No.105/22, dated 18.12.2022, under Sections 22 and 27 of NDPS Act iv. FIR no.43/24 dated 07.07.2024, under Sections 18, 21 and 29 of NPDS Act.” 10.8. Similarly, as per status report, following cases are also found to have been registered against applicant- Sandeep Kumar:- “i. FIR No.6/18, dated 04.07.2018, under Sections 21 and 22 of NDPS Act. ii. FIR No.114/21, dated 02.08.2021, under Sections 379 and 411 of IPC. iii. FIR No.355/22, dated 24.12.2022, under Section 21 of NDPS Act.” 8 2025:HHC:18771 10.9. It is the further case of the police that after receiving the positive report, charge-sheet has been prepared and submitted in the Court of learned Special Judge, Palampur, District Kangra, H.P. (hereinafter referred to as the ‘trial Court’), on 02.04.2025. 11. On the basis of the quantity of the contraband, as well as, on the basis of the previous criminal history of both the applicants, a prayer has been made to dismiss the bail applications. 12. First of all, so far as the registration of the other cases, which have been mentioned by the applicants in their respective applications, as well as, in the status report, by the State, is concerned, admittedly, in those cases, the competent Court of law has not inflicted any punishment to the applicants. Mere registration of the other cases, against the applicants, is not sufficient to take away the presumption of innocence, which is still available to the applicants, as, accused is presumed to be innocent till his guilt is proved by the competent Court of law, after the full- fledged trial. 13. In the present case, investigation is complete, 9 2025:HHC:18771 since, as per the status report, the police has submitted the challan in the learned trial Court on 02.04.2025. This fact is sufficient to demonstrate that the custodial interrogation of the applicants is no longer required by the police. 14. In this case, the contraband, allegedly stated to have been recovered, is 135 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. 15. Once, it has been held that the rigors of Section 37 of the NDPS Act are not applicable, in that eventuality, the presumption of innocence is still available to the applicants, as the bail application cannot be rejected merely as a matter of punishment, since, pre-trial punishment is prohibited under the law. 16. Moreover, the chances of commencement and conclusion of trial against the applicants, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicants in the judicial custody, that too, for the indefinite period. 17. So far as the arguments of learned Additional 10 2025:HHC:18771 Advocate General, qua the fact that the applicants are resident of adjoining State i.e. Punjab, and may not be available for the trial, in case, ordered to be released on bail, are concerned, for those apprehensions, reasonable conditions can be imposed upon the applicants, in case, they are ordered to be released on bail. 18. Considering all these facts, this Court is of the view that the present bail applications are liable to be allowed and are accordingly allowed. 19. Consequently, the applicants are ordered to be released, on bail, in case FIR No.24 of 2025, dated 02.02.2025, registered with Police Station Palampur, District Kangra, H.P., under Sections 21 and 29 of the NDPS Act and Section 111 of BNS, on their furnishing personal bonds in the sum of Rs.50,000/- each, with two sureties each, of the like amount, to the satisfaction of the learned trial Court. However, this order shall be subject to the following conditions:- a) The applicants 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; 11 2025:HHC:18771 b) The applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The applicants 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 applicants shall not leave the territory of India without the prior permission of the Court. 20. 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. 21. 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 any of the applicants. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai, District and Open Air Correctional Home, Dharamshala, District Kangra, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 12 2025:HHC:18771 23. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai, District and Open Air Correctional Home, Dharamshala, District Kangra, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of Jail, Lala Lajpat Rai, District and Open Air Correctional Home, Dharamshala, District Kangra, Himachal Pradesh, is further directed that if the applicants fail 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. 24. Copy of this order be placed in the connected case file i.e. CrMP(M) No.1255 of 2025 (Virender Singh) Judge June 19, 2025 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.06.19 12:51:01 IST