2025:HHC:20451 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 1405 of 2025 Reserved on : 26.06.2025 Decided on : 30.06.2025 Sagar Sharma …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Vijender Katoch, Advocate. For the respondent : Mr. Mohinder Zharaick, Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, assisted by SI Inder Singh, PS Palampur, District Kangra, H.P. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Sagar Sharma has sought his release, 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’), 2 2025:HHC:20451 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 applicant, he is innocent person and has falsely been implicated, in the present case. 3. It is the case of the applicant that he has nothing to do with the offence, for which, he has been arrested, by the police. 4. It has been averred in the application that nothing was recovered from the possession of the applicant or at his instance and investigation of the present case is complete. 5. Applicant has pleaded that the contraband, allegedly recovered, in this case, does not fall within the definition of commercial quantity and as such, rigors of Section 37 of NDPS Act are not applicable to the present case. 6. It has been asserted in the application that apart from the present case, following cases have also been 3 2025:HHC:20451 registered against him:- i. FIR No.94/2021, dated 17.06.2021 u/s 376 of IPC. ii. FIR No.78/2023, dated 28.06.2023, u/s 21 of NDPS Act. iii. FIR No.31/2025, dated 09.02.2025, u/s 21, 25 and 29 of NDPS Act. Whereas, as per status report, there are four cases, registered against the applicant. 7. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Palampur, District Kangra, Himachal Pradesh. However, the same was dismissed vide order dated 26.05.2025. 8. Learned counsel appearing for the applicant has submitted that even, on the ground of parity, the applicant is entitled to be released on bail, as his co-accused, namely Krishan, Sandeep Kumar and Ravinder Singh, have already been released on bail, by this Court, vide order dated 22.05.2025, passed in CrMP(M) No.1127 of 2025 and vide order dated 19.06.2025, passed in CrMPs(M) No.1254 & 1255 of 2025. 4 2025:HHC:20451 9. Apart from this, Mr. Vijender Katoch, Advocate, 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 bail applications. 11. 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. 11.1. 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 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. 5 2025:HHC:20451 11.2. 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 and the other person, sitting next to aforesaid person, disclosed his name as Ravinder Singh. 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. 11.3. It is the further case of the police that considering the suspicious activities of both the persons, as well as, considering the fact that number of theft cases 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 6 2025:HHC:20451 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. 11.4. After registration of the FIR, both the applicants were arrested. 11.5. 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 contraband, has been received from SFSL, Junga. 11.6. Thereafter, on the basis of further investigation, involvement of other accused, namely Krishan @Vikka, Sagar Sharma (applicant) and Jyoti, W/o Sagar Sharma, 7 2025:HHC:20451 was also found. 11.7. As per the status report, following cases are found to have been registered against the applicant:- “i. FIR No.94/2021, dated 17.06.2021, under Section 376 of IPC. ii. FIR No.24/25, dated 09.02.2025, under Sections 21, 25, 29 of NDPS Act. iii. FIR No.78/23, dated 28.06.2023, under Section 21 of NDPS Act iv. FIR No.31/25 dated 09.02.2025, under Sections 21, 25 and 29 of NPDS Act.” 11.8. 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. 11.9. As per the status report, in the investigation, so far, it has been found that in this case, five accused persons, namely Mandeep Singh, Ravinder, Krishna @Vikka, Sagar Sharma (applicant) and Jyoti, have committed an organized crime of buying and selling chitta/heroin, for which, a case has been registered, under Section 111 of BNS, in this case, because cases have already been 8 2025:HHC:20451 registered against all the aforesaid accused persons, under NDPS Act. 12. On the basis of the quantity of the contraband, as well as, on the basis of the previous criminal history of the applicant, a prayer has been made to dismiss the bail application. 13. First of all, so far as the registration of the other cases, which have been mentioned by the applicant in the application, 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 applicant. Mere registration of the other cases, against the applicant, is not sufficient to take away the presumption of innocence, which is still available to the applicant, as, accused is presumed to be innocent till his guilt is proved by the competent Court of law, after the full-fledged trial. 17. In the present case, investigation is complete, 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 applicant is no longer required by the police. 9 2025:HHC:20451 15. 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. 16. 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 applicant, as the bail application cannot be rejected merely as a matter of punishment, since, pre-trial punishment is prohibited under the law. 17. 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 the judicial custody, that too, for the indefinite period. 18. Furthermore, the applicant is also entitled for grant of bail on the basis of parity, as, his co-accused, namely Krishan, Sandeep Kumar and Ravinder Singh, have already been released on bail, by this Court, vide order dated 22.05.2025, passed in CrMP(M) No.1127 of 2025 and 10 2025:HHC:20451 vide order dated 19.06.2025, passed in CrMPs(M) No.1254 & 1255 of 2025. 19. Even otherwise, the applicant is permanent resident of District Kangra, 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. 20. Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed. 21. Consequently, the applicant is 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 his furnishing personal bonds in the sum of Rs.50,000/-, with two sureties, of the like amount, to the satisfaction of the learned trial Court. However, this order 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 the appropriate application; 11 2025:HHC:20451 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. 22. 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. 23. 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. 24. 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. 25. In case, the applicant is not released within a 12 2025:HHC:20451 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 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 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.06.30 15:06:45 IST