1. ( 2025:HHC:20523 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1320 of 2025 Reserved on:- 27.06.2025 Date of Decision: 30.06.2025 Kanshi Ram …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Karan Singh Kanwar, Advocate. For the respondent : Mr. Mohinder Zharaick, Mr. Tejasvi Sharma, Mr. Varun Chandel and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge (Oral) By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Kanshi Ram has sought his release, on bail, during the pendency of the trial, arising out of FIR No.43 of 2025, dated 09.03.2025, registered under Section 20 of the Narcotic Drugs & Psychotropic 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:20523 ) Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Puruwala, District Sirmaur, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in this case. 3. According to the applicant, no evidence could be collected, by the prosecution to connect him, with the crime in question. The investigation, in the present case, is stated to be completed. 4. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Paonta Sahib, District Sirmaur, Himachal Pradesh. However, the same was dismissed, vide order dated 03.04.2025. 5. Apart from this, the applicant has given details of the cases, which have been registered against him, as under:- (i) FIR No.32/2023, dated 27.02.2023, under Sections 20- -61-85 of NDPS Act. (ii) FIR No.82/2024, dated 07.06.2024, under Sections 20- 61-85 of NDPS Act. (iii) FIR No.182/24, dated 10.12.2024, under Sections 20- 61-85 of NDPS Act. All three cases, are stated to be pending for adjudication and he has not been convicted, in any of the cases. 3. ( 2025:HHC:20523 ) 6. Apart from this, Mr. Karan Singh Kanwar, 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. 7. When put to notice, the police had filed the status report, disclosing therein, that on 09.03.2025, HC Vicky Kumar, No.265, along with other police officials, was on patrolling duty and duty to detect the crime relating to gambling, narcotic drugs etc. When, they were in vehicle No.HP17B-1621, at about 2:55 PM, they were present at Mehruwala Chowk, then a secret information was received that in village Chiloi, one Kanshi Ram (applicant) son of late Shri Rangi Lal, is in the business of selling charas, in his residential house and in case, as per the information, if the said residential house is searched, a large quantity of charas could be recovered. It has also been apprised by the IO, that in case of delay in procuring the search warrant/authorization letter, contraband could be removed from there. 7.1. Thereafter, a memo qua grounds of belief was prepared under Section 42(2) of NDPS Act and sent to SDPO, Police Station, Paonta Sahib and thereafter, they had 4. ( 2025:HHC:20523 ) proceeded towards village Chilloi. In village, Chilloi, in the street leading to the house of Kanshi Ram, they noticed two persons, who on enquiry, disclosed their names as Jai Pal and Rottan Singh. Both were apprised about the information and were requested to be the independent witnesses. 7.2. After associating them, they had reached at the residential house of Kanshi Ram. One person was found present in the Veranda of the said house. On enquiry, he disclosed his name as Kanshi Ram(applicant) and thereafter, he was apprised about the secret information, which the IO had received. Thereafter, the IO, as well as, the members of the raiding party had given their personal search. The residential house of the applicant was searched. During search, from the diwan bed, underneath the pillow, a white coloured carry bag was found, which, on opening was found to be containing stick shaped black coloured substance, which, on enquiry was disclosed by Kanshi Ram, as charas. Thereafter, on the basis of the experience and smelling, the same was found to be charas. On weighment, the same was found to be 445 gram. Other codal formalities were completed and the Rukka was submitted. 5. ( 2025:HHC:20523 ) 7.3 After registration of the FIR, applicant was arrested. Thereafter, the case property was produced before the Court, where two samples of 26-26 grams were separated. After mixing the contraband, the proceedings were got recorded by producing the case property before the Court of learned Judicial Magistrate, First Class, Court No.II, Paonta Sahib. After preparing the inventory, sample was sent to SFSL Junga. Positive report from the SFSL Junga, was received. After completion of the investigation, charge-sheet has been filed against Kanshi Ram (applicant) in the competent Court of law, on 01.05.2025 and case has now been fixed for 16.07.2025 for prosecution evidence. 7.4. On the basis of the above facts, apprehensions have been expressed that the applicant is a clever person and of criminal nature and in case, he is released on bail, he may not be available for the trial and also coerce the witnesses and again indulge in the similar activities. As such, a prayer has been made to dismiss the application. 8. First of all, coming to registration of the other three cases, as mentioned, by the applicant, in the application and as affirmed by the police, in the status report, are concerned, admittedly, in those three cases, the competent Court of law 6. ( 2025:HHC:20523 ) has not inflicted the punishment upon the applicant. Moreover, status report is totally silent, about the steps, which the police had taken for getting the bail cancelled, which has been given to the applicant, in the above three cases. 9. The above three cases are pending adjudication and competent Court of law has has neither convicted him, nor, any proceedings are stated to have been initiated by the State to declare him, as habitual offender. 10. The contraband, so 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. 11. The applicant is in judicial custody and this fact is sufficient to conclude, at this stage that his custodial interrogation is no longer required. Once, it has been held that the custodial interrogation of the applicant is no longer required by the police, then, no useful purpose would be served by keeping the applicant, in the judicial custody that too, for indefinite period. 12. Bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited, under the 7. ( 2025:HHC:20523 ) law, since conviction can only be inflicted after the full fledged trial. 13. So far as the apprehensions, which have been expressed by the police, in the status report are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail. 14. The FIR in question has been registered on 09.03.2025 and till date, despite completion of the investigation and submission of the charge-sheet against the applicant, the case has been fixed for ‘fixation for evidence’ on 16.07.2025. From all these facts, it appears that 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 the applicant to the judicial custody. 15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail, in case FIR No.43 of 2025, dated 09.03.2025, registered under Section 20 of the NDPS Act, with Police Station, Puruwala, District Sirmaur, H.P., on his furnishing 8. ( 2025:HHC:20523 ) personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 17. This order, however, shall be subject to the following conditions:- a) The applicant shall appear before the IO, as and when, directed by the IO to do so and 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 applications; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. 18. 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. 19. 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 the applicant. 9. ( 2025:HHC:20523 ) 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail Nahan, District Sirmaur, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Nahan, District Nahan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Sirmaur, District Sirmaur, H.P. The Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, Himachal Pradesh, 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 30, 2025 (subhash) Digitally signed by RAJNI Date: 2025.06.30 16:42:59 IST