2025:HHC:20466 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 1434 of 2025 Reserved on : 24.06.2025 Decided on : 30.06.2025 Haviv Gil …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Anubhav Chopra, Advocate. For the respondent : Mr. Tejasvi Sharma, Mr.Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Chander Shekhar No.54, PS Manikaran, District Kullu, 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-Haviv Gil has sought his release, on bail, during the pendency of trial, arising out of FIR No.54 of 2025, dated 19.05.2025 (hereinafter referred to as the ‘FIR, in question’), registered 2 2025:HHC:20466 with Police Station Manikaran, District Kullu, H.P., under Section 22 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Section 14 of the Foreigners Act, 1946. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case and after his arrest, on 19.05.2025, he was produced, before the Court of Illaqa Magistrate, from where, he has been remanded to judicial custody. 3. It has been averred in the application that the drug, known as Ketamine, weighing 12.84 gms, was allegedly recovered from him. However, according to him, the weight of the same was later on found as 9.96 gms. 4. Apart from this, the applicant has also asserted the fact that since, he had witnessed tragic incident in the Southern Israel, when, on 07.10.2023, Nova Music Festival was going on, where, the horrific terrorist attack was perpetrated. 5. It is the case of the applicant that he is the survivor of the said massacre, but, he is presently suffering from psychiatric problem and the doctor has opined that he 3 2025:HHC:20466 is 50% PTSD disabled and has been advised to consume cannabis for his treatment. 6. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-II, Kullu, District Kullu, Himachal Pradesh. However, the same was dismissed vide order dated 04.06.2025. 7. Apart from this, Mr. Anubhav Chopra, 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. 8. On the basis of the above facts, a prayer has been made to allow the bail applications. 9. When, put to notice, the police has filed the status report, disclosing therein, that on 19.05.2025, SI/SHO Police Station Manikaran, along with other police officials, was on patrolling duty, duty to regulate traffic law and order and to detect the crime relating to excise. 9.1. It is the case of the police that on the same day, i.e. 19.05.2025, at about 01:30 am, when, the police party, 4 2025:HHC:20466 present at Sangna Bridge, put picketing there, then, IO received a secret information, regarding the fact that there was a music party at Pulga, in which, large number of foreign nationals were present, who, after the party closes at 10:00 pm, used to sit in nearby hotels and restaurants and consume drugs. As per information, a large number of Israeli citizens were also present in the restaurant of High Mountain View Guest House at Muqaam Pulga, who keep, sell and consume synthetic drugs & psychotropic substances. The said information was found to be authentic and reliable and considering the fact that it was the odd hours of the night, it was not possible for IO to obtain search warrants from the Court, nor to obtain authorization letter and in case of delay, there were chances that the contraband could be removed from there. According to the IO, as per the information, if, raid is conducted at that time, then, large quantity of contraband could be recovered. As such, he has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the Deputy Superintendent of Police, Kullu. 9.2. It is the further case of the police that thereafter, 5 2025:HHC:20466 the police party had proceeded towards Pulga. At about 02:45 am, when, they reached near the lane of High Mountain View Guest House, they found two boys standing there, who, on being enquired, disclosed their names Pankaj Detwal, S/o Sh. Jagdish Detwal, R/o Ajmer, Rajasthan and another person, on enquiry, also disclosed his name as Dimple Thakur, S/o Sh. Ramnath, R/o Tehsil Bhuntar, District Kullu, H.P., who were apprised about the secret information, which, the IO had received and requested them to be the part of the raiding party as independent witnesses. Subsequently, they were associated in the raiding party and the owner of the Guest house Geeta Nand was called. 9.3. It is the further case of the police that the police party thereafter, entered in the guest house. On the ground floor, there was a small hall near kitchen, where, arrangements for sitting on the ground were made and on the right side of the said hall, near the pillar, two foreign nationals, who had worn black clothes, were found smoking cigarette. They were apprised about the secret information and also apprised about their right, under Section 50 of the NDPS Act. On enquiry, one person disclosed his name as 6 2025:HHC:20466 Haviv Gil (applicant) and other person disclosed his name as Kapah Liran. Both of them were found to be Israeli citizens. 9.4. It is the further case of the police that subsequently, the bags of both the Israeli citizens were checked and from the bag of Haviv Gil (applicant), his passport No.34588624, valid from 04.11.2020 to 03.11.2030, issued by the Israeli Government, was found and from the outer small pocket of the said bag, a transparent plastic zipper pouch was found, which was found consisting of 5 different polythene zipper bag, containing a white coloured power and granule shaped substance. The said substance was stated to be ketamine by applicant-Haviv Gil. 9.5. When, the black bag of Kapah Liran was checked, the same was found containing passport No.35984425, valid from 30.05.2022 to 29.05.2032, issued by the Israeli Government. On the search of his bag, apart from the other articles, four small polythene zippers, containing white coloured powder and granule shaped substance, were found, which was also stated to be ketamine drug, by Kapah Liran. 7 2025:HHC:20466 9.6. Thereafter, the said substance was tested on the drug detection kit and the same was found to be ketamine. On weighment, the ketamine, which was found from applicant-Haviv Gil, was found to be 12.84 gms, whereas, from the bag of Kapah Liran, ketamine, on weighing, was found to be 9.96 gms. Subsequently, the above contraband was taken into possession, along with other articles. Other codal formalities were completed. 9.7. After registration of the FIR, both the accused persons were arrested. 9.8. Thereafter, proceedings, under Section 52(A)(II) of NDPS Act, were conducted and subsequently, the contraband, i.e. Ketamine, was sent to SFSL, Junga, for chemical analysis, from where, the positive report was received. 9.9. It is the further case of the police that apart from the commission of the offence, under the provisions of NDPS Act, both the accused persons have also committed the violation of Visa conditions, which is also an offence, under Section 14(b) of the Foreigners Act, 1946. 9.10. It is the further case of the police that the 8 2025:HHC:20466 applicant is addicted to the drugs, as, he is survivor of the massacre, as referred to above and due to this, there is lot of resentment in the people, residing in Parvati Valley and in case, the applicant is released on bail, he may flee away from India and may also coerce the witnesses. 9.11. Lastly, it has been mentioned in the status report that the investigation in the present case is complete and the chargesheet has been prepared on 23.06.2025, which will be filed in the competent Court of law. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. In this case, the contraband, so recovered, does not fall, within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable to the case of the applicant. 12. 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. 9 2025:HHC:20466 13. In the present case, as per the status report, investigation is complete and the charge-sheet has been prepared, which will be filed very soon in the competent Court of law. This fact is sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police. 14. So far as the fact that the applicant is a foreign citizen and in case, he is ordered to be released on bail, he may flee away from India, is concerned, on this ground, the relief, for which, the applicant is otherwise entitled to, cannot be declined, as, for that purpose, reasonable conditions can be imposed upon him, in case, ordered to be released on bail. 15. In view of the law, laid down by the Hon’ble Supreme Court in LachhmanDass v. Resham Chand Kaler, reported in (2018) 3 SCC 187, the relief of bail cannot be declined to the applicant, merely on the ground that he is an Israeli citizen. 15.1. The Hon’ble Supreme Court, in para No.10 of the LachhmanDass’s case (supra), has held that the law, under Section 439 CrPC, is very clear and in the eye of the law, 10 2025:HHC:20466 every accused is the same irrespective of their nationality. 16. Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released, on bail, in case FIR No.54 of 2025, dated 19.05.2025, registered with Police Station Manikaran, District Kullu, H.P., under Section 22 of the NDPS Act and Section 14 of the Foreigners Act, 1946, on his furnishing personal bonds in the sum of Rs.1,00,000/-, with one surety, of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kullu. 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; 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 shall not tamper with prosecution evidence; 11 2025:HHC:20466 d) The applicant shall not leave the territory of India without the prior permission of the Court. He shall surrender his passport before learned trial Court, if not already submitted before any other authority and the release of his passport will be subject to outcome of the trial. e) The applicant shall provide his mobile number, if any, at Police Station Manikaran, District Kullu. f) The CJM, Kullu/police, before releasing the applicant on bail, may satisfy itself about the permanent address of the applicant. g) The applicant shall furnish his fresh address to the learned CJM, Kullu/IO/SHO, Police Station Manikaran, District Kullu, H.P., in case, there is any change in his abode. 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. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kullu, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 21. In case, the applicant is not released within a 12 2025:HHC:20466 period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Kullu, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent of Jail, District Jail, Kullu, 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 15:40:25 IST