1 2025:HHC:24524 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 1671 of 2023 Reserved on : 24.07.2025 Decided on : 28.07.2025 Rikki Kumar …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. Paras Dhaulta, Legal Aid Counsel. For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by C. Devender Singh, No. 4, Police Station Haroli, District Una, H.P. Virender Singh, Judge. Applicant-Rikki Kumar has filed the present application, under Section 483 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), seeking his release on bail, during the pendency of trial, arising out of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:24524 FIR No. 148 of 2024, dated 10th November, 2024, registered under Sections 21 and 29-61-25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’), with Police Station Haroli, District Una, H.P. 2. According to the applicant, he is innocent and has falsely been implicated, by the police, in this case. From the date of his arrest on 10th November, 2024, the applicant is stated to be in judicial custody. 3. As per the applicant, another FIR No. 35 of 2023, dated 4th February, 2023, has been registered against him, under Sections 20 and 29 of the NDPS Act with Police Station Sadar Una, in which, he has been released on bail, whereas, FIR No. 13 of 2024, dated 20th February, 2024, registered under Sections 379 and 34 IPC, with Police Station Talai, District Bilaspur, has wrongly been shown to have been registered against him. 4. The contraband, alleged recovered, in the present case, is stated to be 40.91 grams heroin, which, according to the applicant, does not fall within the definition of commercial quantity. As such, according to 3 2025:HHC:24524 him, rigors of Section 37 of the NDPS Act are not applicable, in this case. 5. The applicant has also tried his luck, by filing similar application, before the learned trial Court, however, the same was dismissed, vide order, dated 10th April, 2025. 6. Apart from this, learned counsel 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 9th November, 2024, Investigating Officer, ASI Naresh Kumar, alongwith other police officials, was on patrolling duty and duty to detect crime and narcotics, towards Ghaluwaal, Bhadsali, Pandoga side. When, the Investigating Officer was present at Ispur, at about 8.40 p.m., he received a secret information that a vehicle, bearing registration No. HP 72C 9854, being driven by its driver, was coming from 4 2025:HHC:24524 Hoshiarpur towards Una side. Two persons were stated to be in the said vehicle, who are in the business of selling of charas and in case, the said vehicle is intercepted and checked, then, large quantity of charas can be recovered. 8.1. On finding the information to be reliable, according to the Investigating Officer, in case, efforts would have been made to obtain the search warrant, in that eventuality, there were chances of getting the contraband removed from there. As such, the provisions of Section 42 (2) of the NDPS Act were complied with and intimation was sent to SDPO, Haroli, through Constable Rakesh Kumar. 8.2. Thereafter, the IO proceeded towards Pandoga Excise Barrier in order to put picketing. Picketing was done near Pandoga Excise Barrier. At about 09.30 pm, a vehicle (pick-up), bearing registration No. HP 72C 9854, being driven by its driver, came from Hoshiarpur side. IO signalled to stop the vehicle. Thereafter, the driver, all of a sudden, drove the same, towards Una side. The said vehicle was intercepted at Bhadsali, near B K General Store, by parking the private vehicle, on the road. Thereafter, the efforts were made to associate the 5 2025:HHC:24524 independent witnesses. All of them put forward their personal difficulties to be so. Thereafter, one motorcyclist, namely, Varun Kumar, was associated in the investigation, as independent witness. Thereafter, the IO has given his identification to the person, who was driving the vehicle. On inquiry, the said person disclosed his name as Rikki Kumar (applicant). The another person, on inquiry, disclosed his name as Sagar Puri. Thereafter, the vehicle was searched. 8.3. During the search of the vehicle, underneath the conductor seat, a transparent polythene packet was found, which, on opening, was found to be containing stick shaped and granular brown coloured substance. The said substance, on the basis of experience, was found to be heroin. On weighment, the contraband was found to be 40.91 grams heroin. 8.4. Other codal formalities were completed and after the registration of the FIR, the said two persons were arrested. 8.5. The contraband, so recovered, was, thereafter, sent to SFSL Junga, after conducting the inventory 6 2025:HHC:24524 proceedings, by producing the same, before the learned JMFC, Court No. 2, Una, from where, the positive report has been received. 8.6. The investigation, in the present case, is stated to be completed and the police has filed the charge sheet against the accused on 8th January, 2025, in the Court of learned Special Judge, Una. The case is now stated to be listed on 6th August, 2025, for PWs. 8.7. As per the status report, two cases, as mentioned in the bail application, are found to have been registered against the applicant. 8.8. Apart from this, it has also been apprehended that in case, the applicant is ordered to be released on bail, he may not be available for the trial, he may coerce the witnesses and allure them to depose in his favour, he may again indulge in the same activities and due to the act of the applicant, there is resentment in the society, as the young generation is indulging in the vices of drug addiction. 9. On the basis of the above facts, a prayer has been made to dismiss the bail application. 7 2025:HHC:24524 10. The contraband, which has been allegedly recovered from the possession of the applicant, in this case, does not fall within the definition of the ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not applicable, in this case. 11. Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, in this case, then, the presumption of innocence is still available to the applicant, as, the bail application cannot be rejected as a matter of punishment. Pre-trial punishment is prohibited under the law. 12. The applicant is in the judicial custody, which fact demonstrates that his custodial interrogation is no longer required by the investigating agency. 13. The applicant is permanent resident of District Una, as such, it cannot be said that in case, the applicant is ordered to be released on bail, he may not be available for the trial. 14. The investigation, in the present case, is complete and the case has now been listed on 6th August, 8 2025:HHC:24524 2025, for recording the statements of the prosecution witnesses. 15. Considering the apprehensions, which have been expressed by the police, in the status report, this Court is of the view that for those apprehensions, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail, during the pendency of the trial. 16. Mere registration of two other cases against the applicant, does not take away the presumption of innocence, which is still available to him, as, admittedly, in both the cases, he has not been convicted by the Competent Court of Law. Moreover, no efforts have been made by the police to get the bail, granted to the applicant, in those cases, cancelled. 17.. The chances of conclusion of the trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping him in judicial custody, for indefinite period. 9 2025:HHC:24524 18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 19. Consequently, the applicant is ordered to be released on bail in case FIR No. 148 of 2024, dated 10th November, 2024, registered under Sections 21 and 29-61- 25 of the NDPS Act, with Police Station Haroli, District Una, H.P., on his furnishing personal bail bond, in the sum of 50,000/-, with one surety of the like amount, to the ₹ satisfaction of the learned trial Court. 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 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. 20. 20. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the 10 2025:HHC:24524 merits of the case, as these observations, are confined, only, to the disposal of the present bail application. 21. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Una at Bangarh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 23. 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 Una at Bangarh, is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of Jail, District Jail Una at Bangarh, 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 July 28, 2025 ( rajni ) Digitally signed by VIKRANT CHANDEL Date: 2025.07.28 15:48:38 IST