1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No.1356 of 2025 a/w Cr. MP(M) No.1447 of 2025 Date of Decision : 30.07.2025 Cr. MP(M) No.1356 of 2025 Satya Prakash …… Petitioner Versus State of Himachal Pradesh ……Respondent. Cr. MP(M) No.1447 of 2025 Khem Raj …… Petitioner Versus State of Himachal Pradesh ……Respondent. _________________________________________________________ Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner(s) : Mr. S.K. Banyal and Mr. Loveneesh Thakur and Mr. Udaynand Sharma, Advocates. For the respondent : Mr. Raj Kumar Negi, Additional Advocate General. Bipin Chander Negi, Judge (oral) Both these bail petitions have been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail, arising out of FIR No.96 of 2024 dated 17.11.2024, registered at Police Station, BSL Colony, Sundernagar, District Mandi, Himachal Pradesh, for an offence 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Both the bail petitions arise out of the common FIR, hence, they are being taken up together for adjudication. 3. I have heard learned counsel for the parties and perused the status report. 4. The brief facts are that on 17.11.2024, Police patrol near Sukhdev Vatika, Sundernagar intercepted a HRTC bus and recovered 4.702 Kilograms contraband from a Trolley bag belonging to one Chaman Lal. During investigation as per the Police, there existed an organized drug cartel involving Chaman Lal, Rakesh Kumar, Dhale Ram and the present bail petitioners. As per prosecution, bail petitioner, Khem Raj played a pivotal role in procuring the contraband form Satya Prakash (bail petitioner). During investigation, Chaman Lal had disclosed name of one Rakesh Kumar. As per the prosecution, both Chaman Lal and Rakesh Kumar divulged that the contraband in the case at hand had been procured from one Dhale Ram. It is alleged that Dhale Ram had contacted Khem Raj, in the case at hand for procurement of the contraband, who in turn had contacted Satya Prakash. Satya Prakash had surrendered on 16.01.2025, whereas Khem Raj had been apprehended on 23.11.2024. Admittedly, in the case at hand, Satya Prakash has been arrested on the basis of statement made by Khem Raj during investigation. Similarly, Khem Raj has also been arrested on the basis of statement made by Dhale Ram, while in custody. 5. It has been held in clear terms in Tofan Singh vs. State of Tamil Nadu, 2021 (4) SCC 1, that a confessional statement recorded under Section 67 3 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. In the teeth of the aforesaid decision, the arrests made on the basis of the confession/voluntary statements of the co-accused under Section 67 of the NDPS Act, are vitiated. 6. Other than the aforesaid, the CDR details, bank transactions inter se the accused will be examined at the stage of trial. 7. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 8. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 9. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner, whereby it can be made out that the petitioners are likely to betray the confidence that the Court may place in them to turn out to take justice at the hands of the Court. As per the status report, bail petitioners are stated to be residents of Village Seri, Post Office, Som Nachani, Tehsil Bali-Chowki, District Mandi, H.P. and Village Bhatwali, Post Office, Kot-Khamradha, Tehsil Aut, 4 District Mandi, Himachal Pradesh, respectively. In order to ensure their presence at trial stringent conditions can be imposed while granting bail. 10. The respondent-State has not expressed any apprehension regarding their fleeing from the course of justice and adversely affecting the trial. In any case, the petitioners can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 11. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioners on bail is required to be exercised in their favour. Accordingly, the bail applications are allowed and it is ordered that the petitioners, who have been arrested by the police, in case FIR No.96 of 2024 dated 17.11.2024, registered at Police Station, BSL Colony, Sundernagar, District Mandi, Himachal Pradesh, for an offence punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be forthwith released on bail, subject to their furnishing personal bonds to the tune of Rs. 1,00,000/- (Rupees one lac) each with one surety each in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:-. (i) Petitioners shall 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; (ii). Petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioners will not leave India without prior permission of the Court; (iv) Petitioners shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or 5 any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v). Petitioners shall inform the Station House Officer of the concerned police station about their places of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish details of their Aadhar Cards, Telephone Numbers, Email, PAN Cards, Bank Account Numbers, if any; & (vi). It is made clear that in case petitioners are arraigned as accused, in future, in any FIR, then their bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 12. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioners. 13. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 14. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Mandi, District Mandi, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 15. In case, the petitioners are not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail, Mandi, District Mandi, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, District Mandi, Himachal Pradesh. The Superintendent, District Jail, Mandi, District Mandi, Himachal Pradesh, is further directed that if the petitioners fail to 6 furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 16. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioners and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court. ( Bipin Chander Negi) July 30, 2025 (KS) Judge