Extracted from the PDF above. The PDF is authoritative.
2025:HHC:20110 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 1324 of 2025 Reserved on : 24th June, 2025 Decided on : 27th June, 2025 Prakash Thakur
…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. Anubhav Chopra, Advocate. For the respondent : Mr. Tejasvi Sharma, Mr. Mohinder Zharaick, Mr. H.S. Rawat and Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Rajesh Kumar, No.123, I.O. Police Station Chopal, District Shimla, H.P. Virender Singh, Judge ApplicantPrakash Thakur, 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 him on bail, during the pendency of the trial, arising out of FIR No.34 of 2025, dated 28.04.2025, registered, under Section 20 of the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:20110 Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Chopal, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested by the Police, in this case, for allegedly possessing 534.460 grams of cannabis, which, the applicant had allegedly concealed behind the water tank, at a considerable distance from his house. 3. As per the applicant, on 27.4.2025, the applicant, along with two others, were arrayed as accused and were apprehended, under Sections 20 and 29 of the NDPS Act, vide FIR No.53/25, dated 27.04.2025 registered with Police Station, Kandaghat and during the investigation in FIR No. 53 of 2025, the house and shop of the applicant was searched by the police, but, nothing incriminating was found, however, according to the police, the contraband weighing 520.460 grams charas was recovered at a short distance from his house, allegedly kept behind the water tank. 3 2025:HHC:20110
4. It is the further case of the applicant that the alleged recovery was made in case FIR No.53 of 2025, as such, the very registration of the present case has been challenged. 5. The applicant had filed the application under Section 482 of the BNSS before the Court of learned Special Judge (C.B.I. Court), Shimla, which was dismissed.
Thereafter, he has tried his luck, by moving similar application before this Court bearing Cr.MP(M) No.1168 of 2025, however, the same was also dismissed as withdrawn, on 19.5.2025. 6. Highlighting the fact that the demarcation of the land was got conducted by the Police on 3.6.2025, and the version of the applicant was found to be correct as neither he was found to be owner nor in possession of the said piece of land. 7. Apart from this, it has also been pleaded that the contraband, allegedly recovered 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. 4 2025:HHC:20110
8. In addition to this, the applicant has also mentioned the details of the cases, which were registered earlier against him: i) FIR No. 80 of 1991, dated 11.6.1991, registered under Section 379 of the IPC and Section 33 of Indian Forest Act, with Police Station Chopal, in which he was acquitted by learned Judicial Magistrate First Class, Chopal, vide judgment dated 19.08.1994. ii) FIR No.122 of 2010, under Section 61 of Punjab Excise Act, in which he was acquitted by the learned Additional Chief Judicial Magistrate Theog, vide judgment dated 2.5.2010. iii) FIR No.65 dated 01.04.2017, registered under Section 341, 323, 34 IPC with Police Station, Theog, which is pending adjudication before the learned Judicial Magistrate First Class, Theog. 9. On the basis of the above facts, Mr. Anubhav Chopra, 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. 10. On the basis of the above facts, a prayer has been made to allow the application. 11.
When put to notice, the police has filed the status report, disclosing therein, that on 28.04.2025,
5 2025:HHC:20110 at about 12.56 p.m., a telephonic information was received from HC Anup Kumar, No.13, that he, along with other Police officials, had gone to Nanahar, in connection with investigation of case FIR No. 53 of 2025, registered under Section 20 of the NDPS Act, with Police Station Kandaghat and requested for police assistance, upon which, SHO was apprised. 11.1. Thereafter, HC Rajesh Kumar No.123, C. Rakesh No.735, C. Narender No.631, L.C. Poonam No.300 and official vehicle No.HP63B2141, along with driver Irfan No.861, had proceeded towards Nanahar, in order to help the said police. SI/SHO also reached at the spot on 3.25 p.m., from Shimla. 11.2. HC Anup Kumar No.13, has apprised that the police of Solan has recovered charas weighing 1.310 Kilograms, from Prakash Chand and on the basis of the above facts, he has apprehended that the said person might have concealed the charas, at his residence or nearby places, as such, the search of his house and nearby places is required, upon which, Shyam Sharma, Vice President Gram Panchayat Nanahar and one Surender
6 2025:HHC:20110 Singh were requested to come to the spot, when they reached there in their presence, the residential house of Prakash Thakur was searched. Neither from his residential house nor from his shop, any objectionable substance was recovered. 11.3. At a distance of 15 feet from the house of applicant, two water tanks were there and behind the said water tanks, a polythene envelope was found kept concealed, in between bricks, which, on opening was found to be containing another pink coloured micron packet, containing stick shaped black coloured substance, which, on smelling and from the inquiry from witnesses, was found to be Charas. The same, on weighment, was found to be 520.460 grams. 12. After completion of the codal formalities, the FIR was registered.
The contraband, thereafter, was produced before the Court, where, the proceedings under Section 52A of the NDPS Act, were got conducted and the contraband was sent to SFSL Junga for chemical analysis, from where positive report has been received. 7 2025:HHC:20110
13. Applicant was produced before the Court, from where, he was remanded to the Police custody, where he has made a disclosure statement under Section 23 of the BSA, disclosing therein that he could identify the place, where he has kept concealed the charas. Thereafter, the spot was visited and spot map was prepared. 14. Thereafter, a request for demarcation of the land was made. Consequently, on 3.5.2025, demarcation was got conducted. However, the demarcation report is stated to be pending. 15. Lastly, it has been stated that against the applicant, the following cases were found to have been registered: i) FIR No. 80 of 1991, dated 04.6.1991, registered under Section 379 of the IPC and Section 33 of Indian Forest Act, with Police Station Chopal, in which, the applicant was acquitted, by learned Sub Divisional Judicial Magistrate, Chopal, vide
judgment dated 19.08.1994. ii) FIR No. 68 of 2001, dated 10.08.2001, under Section 447, 379, 34 IPC, registered with Police Station Chopal, in which the applicant was acquitted by learned Judicial Magistrate First Class, Chopal, vide judgment dated 23.04.2002 iii) FIR No. 63/17, dated 01.04.2017, registered under Sections 341, 323, 34 IPC, with Police Station Theog, which is pending in the Court of
8 2025:HHC:20110 learned Additional Chief Judicial Magistrate, Theog. iv) FIR No.122 of 2010, dated 02.05.2010, registered under Section 61 of H.P. Excise Act, in which, the applicant was acquitted by the learned Additional Chief Judicial Magistrate Theog, vide judgment dated 31.5.2018. v) FIR No.53/2025 dated 27.04.2025, registered under Section 20 and 29 of the NDPS Act, with Police Station, Kandaghat, in which, investigation is going on. 16. On the basis of the above facts, a prayer has been made to dismiss the application. 17. At the time of deciding the bail application, detailed discussion of the evidence, so collected, by the prosecution or about the defence, which has been taken, by the applicant, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to that of the accused (applicant). 18. Admittedly, the 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, in the present case. 19. So far as the registration of other two cases is concerned, which, as per the stand taken by the applicant
9 2025:HHC:20110 and as per the status report are still pending adjudication, this Court is of the view that on the basis of above two cases, presumption of innocence cannot be taken away from the applicant, as, admittedly, in both the cases, the applicant has not been convicted by the competent Court of law. 20. So far as the cases, registered against the applicant earlier, in which the applicant has been acquitted by the competent Court of law, are concerned, on the basis of the above facts, no adverse inference can be drawn against the applicant. 21. The applicant is permanent resident of District Shimla, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 22.
Moreover, the chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 10 2025:HHC:20110
23. Moreover, the application cannot be rejected as a matter of punishment as pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 24. 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.34 of 2025, dated 28.04.2025, registered, under Section 20 of the NDPS Act, with Police Station, Chopal, District Shimla, 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. 25. This order of release, however, shall be subject to the following conditions :
“a) Applicant shall join the investigation, as and when directed by the I.O., to do so and 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;
11 2025:HHC:20110 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.”
26. 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.
27. 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.
28. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kaithu, through email, with a direction to enter the date of grant of bail in the eprison software.
29. 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, Kaithu, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail, Kaithu, is further
directed that if the applicant fails to furnish the bail bonds,
12 2025:HHC:20110 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 27, 2025(ps) Digitally signed by RAJNI Date: 2025.06.27 14:12:44 IST