1. ( 2025:HHC:21519 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1413 of 2025 Reserved on:- 03.07.2025 Date of Decision: 07.07.2025 Brijesh …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. Vijender Katoch, Advocate. For the respondent : Mr Anup Rattan, Advocate General, with Mr. Tejasvi Sharma, Mr. Varun Chandel, Additional Advocates General, Ms. Ranjna Patial and Mr. Rohit Sharma, Deputy Advocate General, for the respondent/State. 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-Brijesh has sought his release, on bail, during the pendency of the trial, arising out of FIR No.212 of 2024, dated 06.12.2024, registered under Sections 21 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:21519 ) ‘NDPS Act’), with Police Station, Kangra, District Kangra, H.P. 2. The relief of bail has been sought on the ground that the applicant is innocent person and has falsely been implicated, in this case. 3. Investigation in the present case is stated to be completed and the contraband allegedly shown to be 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. 4. According to the applicant, he had earlier tried his luck by moving similar application, before this Court, by filing Cr.MP(M) No.285 of 2025, however, the same was withdrawn vide order dated 10.03.2025. 5. Apart from this, the applicant has given the details of the cases, which have been registered against him:- (i) FIR No.78/2015, dated 29.03.2015, registered under Section 20 of NDPS Act, with Police Station Kangra, District Kangra, H.P. (ii) FIR No.284/2016, dated 30.09.2016, registered under Section 20 of NDPS Act, with Police Station Dharamshala, H.P. 3. ( 2025:HHC:21519 ) (iii) FIR No.32/2020, dated 10.02.2020, registered under Section 20 of NDPS Act, with Police Station Kangra, H.P. (iv) FIR No.14/2023, dated 24.01.2023, registered under Section 20 of NDPS Act, with Police Station, Kangra, H.P. (v) FIR No.28/2023, dated 14.02.2023, registered under Section 21 of NDPS Act, with Police Station, Kangra, H.P. However, according to the applicant, he has not been convicted in any of the cases, registered against him. 6. On the basis of the above facts, Mr. Vijender Katoch, 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 has filed the status report, disclosing therein, that on 06.12.2024, HC, Rajneesh Kumar No.129, IO, of Police Station, Kangra has submitted a rukka to Police Station, Kangra, for registration of the FIR, mentioning therein, that he, along with the other police officials, in his private vehicle, was on patrolling duty and duty to detect the crime relating to excise and narcotics drugs. While, on patrolling duty, when he enlighten down from his private vehicle and was present near IPH, Rest 4. ( 2025:HHC:21519 ) House to Natehad (chheb) Kangra road, then, at about 10:45 AM, he had noticed a white coloured car parked at a secluded place. Clothes were found to be kept over it, hence, a suspicion has been developed in the mind of the IO, as such, he, along with other police officials had reached near the said vehicle. The registration number of said vehicle was found to be HP68A -4323 and on the driver’s side of the widow of the vehicle, a blanket has been put, when the same was removed, it was found that the window glass was broken and a person was found sitting on the driver seat. 7.1. On inquiry, the said person become perplexed and disclosed his name as Brijesh Kumar son of Shaari Prakash (applicant) and the person sitting other side, disclosed his name as Rahul alias Roli son of Vikram. Thereafter, the IO, enquired from them about the reasons for parking their vehicles at a secluded place, both of them could not give any satisfactory answer. Hence, the IO, has developed a suspicion in his mind that those persons might be having narcotic drugs, as such, he thought, it proper to search the vehicle and for that purpose, he associated Arun Kumar son of Om Prakash, Pradhan GP Haled Kalan and 5. ( 2025:HHC:21519 ) Atul Dhiman son of Subhash Chand, Ward Member of Ward No.13, GP Haled Kalan, by calling them on spot. Thereafter, vehicle was searched and during the search of vehicle, near the gear box, a transparent polythene envelope was found, which was found containing a brown coloured substance and a leather purse was also found there. On the inner side pocket of the purse, a transparent polythene was also found containing brown coloured substance. Indian currency notes of Rs.9080/- were also found there. Near the gear box, one used insulin syringe was also found. Another used insulin syringe along with the steel spoon was also found. When, the substance, so recovered, was checked, on drug deduction kit, the same was found to be heroin/chitta. On weighment, the chitta was found to be 11.96 grams. The currency notes, as well as, contraband was also taken into possession. Thereafter, the rukka was prepared. On the basis of the said rukka, FIR, in question was registered and the accused persons were arrested. 7.2. As per the status report, following cases were found to be registered against the applicant :- (i) FIR No.239/2007, dated 13.06.2007, registered under Sections 363 and 366 of IPC, with Police Station Kangra, H.P. 6. ( 2025:HHC:21519 ) (ii) FIR No.78/2015, dated 29.03.2015, registered under Section 20 of NDPS Act, with Police Station Kangra, District Kangra, H.P. (iii) FIR No.284/2016, dated 30.09.2016, registered under Section 20 of NDPS Act, with Police Station Kangra, H.P. (iv) FIR No.104/2019, dated 30.10.2019, registered under Section 20 of NDPS Act, with police Station Gaggal, District Kangra, H.P. (v) FIR No.32/2020, dated 10.02.2020, registered under Section 20 of NDPS Act, with Police Station Kangra, H.P. (vi) FIR No.14/2023, dated 24.01.2023, registered under Section 20 of NDPS Act, with Police Station, Kangra, H.P. (vii) FIR No.28/2023, dated 14.02.2023, registered under Section 21 of NDPS Act, with Police Station, Kangra, H.P. However, as per the status report, the applicant has been acquitted in case at serial No.1, i.e. FIR No.239 of 2007, dated 13.06.2007, registered under Sections 363 and 366 of IPC, with Police Station, Kangra, H.P. 7.3. On the basis of the above facts, it has been apprehended that the applicant is a very clever person and is in business of selling and supplying the drugs from the last few years. He is supplying the charas to the students of schools and colleges. Due to his act, younger generation is being involved in drug addiction. 7. ( 2025:HHC:21519 ) 7.4. According to the Police, there is a lot of resentment against the acts of the applicant, as, the said acts are endangering the young generation. 7.5. Lastly, it has been apprehended that in case, the applicant is released on bail, he may again indulge in the same activities. 8. On the basis of the above facts, a prayer has been made to dismiss the application. 9. 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 this case. 10. The applicant has given the details of the cases registered against him. The details given by the applicant include the case registered at serial Nos.2, 3, 5, 6 and 7, as mentioned, in the status report. 11. However, the applicant has not mentioned the case at serial No.4, i.e. FIR No.104 of 2019, dated 30.10.2019, registered under Section 20 of the NDPS Act, with Police Station, Gaggal, District Kangra, H.P. Meaning thereby, the applicant has made a futile attempt to conceal the material fact from the judicial scrutiny of the Court. 8. ( 2025:HHC:21519 ) Whenever, a person is approaching to the Court, it is expected from him to disclose, each and every fact. When, the applicant was aware about the details of the five cases registered and pending against him, then, he was also duty bound to mention the pendency of case i.e. FIR No.104 of 2019, dated 30.10.2019, registered, under Section 20 of the NDPS Act, with Police Station, Gaggal, District Kangra, H.P. 12. Admittedly, the applicant has not been convicted in any of the cases, but, one fact, which assumes significance, in this case, is that all the cases, which were registered against the applicant, as per the status report, as well as, the factual position, as mentioned in para-9 of the application, are under the provisions of NDPS Act. In such situation, the apprehension of the police, qua the fact that in case, the applicant is released on bail, he may again indulge in the same activity, cannot be said to be unfounded, at this stage. 13. While deciding the question of bail, a delicate balance between the individual liberty and large interest of the society, is to be maintained. 14. When the prosecution has come forward with the specific apprehension that for the last few years, the 9. ( 2025:HHC:21519 ) applicant is in the business of supplying chitta to the students of school and college at Kangra, then, the said apprehension, keeping in view the number of cases, registered against him and considering the futile attempt of the applicant to conceal the material facts with regard to the registration of the FIR, against him, with Police Station, Gaggal in the year 2009, are the material facts, which are sufficient to decline the relief to him, at this stage. 15. Considering the facts, in its entirety, in the considered opinion of this Court, the applicant is not able to make out a case, for grant of bail, in this case. As such, the present application is dismissed. 16. 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. (Virender Singh) Judge July 07, 2025 (subhash)