1  2025:HHC:21618 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1494 of 2025 Decided on : 7.7.2025 Mohamadeen …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Mohar Singh, Advocate. For the Respondent : Mr. Anup Rattan, Advocate General with Mr. H.S. Rawat, Addl. A.G. Virender Singh, Judge Applicant Mohamadeen has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 20 of 2025, dated 20.4.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic 2  2025:HHC:21618 Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Ramshehar, District Solan, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case. 3. According to the applicant, investigation in the present case is almost complete and nothing is to be recovered, from the possession of the accused. 4. The applicant has further pleaded that he is having deep roots in the society and he is ready to abide by any condition, imposed by this Court, in case, ordered to be released on bail. 5. Apart from the present case, no other case is stated to have been registered against the applicant. All these facts have been pleaded to show that he is not involved in the present case. 6. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to 3  2025:HHC:21618 be imposed by this court, in case, he is ordered to be released on bail, during the pendency of the trial. 7. On these submissions, a prayer has been made to allow the bail application. 7.1. When put to notice, the police has filed the status report, disclosing therein, that on 19.4.2025, I.O., H.C.Deepak Kumar No. 39, alongwith other police officials, was on patrolling/picketing duty, in the jurisdiction of Police Station, Ramshehar. At about 10:55 p.m., the I.O., alongwith other police officials, was present at Ramshahar-Nalagarh road and when they reached near CHC Ram Shehar, then, he noticed a black coloured Scorpio bearing registration No. PB12Q-6205, being driven by its driver, which was signalled to stop, upon which, the driver has stopped the vehicle. On inquiry, driver disclosed his name as Mohammaddeen, S/o Malook Ali (applicant), and the person sitting by his side disclosed his name as Rajul Kishan, S/o Jai Kishan. The person sitting behind the driver seat, on inquiry, 4  2025:HHC:21618 disclosed his name as Nasib Rehman. All the three occupants of the vehicle were inquired about their movement in the odd hours of the night. However, none of them could give satisfactory answer. 7.2 Hence, the driver of the vehicle, i.e. the applicant was directed to show the requisite documents and driving license, but, he could not produce the requisite documents, nor he could produce the driving license. As such, the vehicle was detained and independent witness Rakesh Kumar was requested to come to the spot. 7.3 Thereafter, in the presence of the independent witnesses, said vehicle was searched. Underneath the cover of driver seat, a transparent polythene, containing two transparent packets were found, which, on opening, were found to be containing a light brown coloured granule shaped substance, which, on the basis of experience, was found to be chitta. All the three occupants of the vehicle also confirmed the same to be chitta. On weighment, the 5  2025:HHC:21618 Chitta/Heroin was found to be 32.74 grams. Registration Certificate was also found from the dash board of the vehicle and the same was found to have been registered in the name of Devender Singh. Other codal formalities were completed. 7.4 During personal search of accused Naseeb rehman, one foil paper, one lighter, half burnt currency notes, alongwith currency notes of denomination of Rs.6100/- were found, which were taken into possession. After registration of the case, all the three accused persons were arrested. 7.5 On 22.4.2025, the case property was produced before the Court of learned ACJM, Nalagarh, where proceedings, under Section 52-A of the NDPS Act, were conducted. During police remand, accused Nasib Rehman and applicant Mohammaddeen disclosed that chitta was purchased from one Anif. The case property was thereafter sent to SFSL, Junga, from where, positive report has been received. 6  2025:HHC:21618 7.6 No other criminal case is found to have been registered against applicant Mohamadeen. 8. On the basis of above facts, a prayer has been made to dismiss the bail application. 9. 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 to the facts of the present case. 10. Investigation in the present case is stated to be completed, as according to the status report, charge sheet has been filed on 18.6.2025, before the competent Court of law, and the case is now stated to have been listed today, for consideration on charge. Considering the said fact, this Court is of the view that custodial interrogation of the applicant is no longer required by the Police. 11. The applicant is permanent resident of District Shimla, as such, it cannot be said that in 7  2025:HHC:21618 case, he is ordered to be released on bail, he may not be available for trial. 12. Chances of conclusion of trial, against the applicant, are not so bright, in near future, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 13. No other case is found to have been registered against the applicant, as such, presumption of innocence is still available to him, till his guilt is proved by the prosecution, during trial. 14. The applicant is a young man of 25 years, having no criminal antecedents, and in case, his bail application is rejected, he will remain in judicial custody, that too in the company of hardened criminals, which would affect his future. 15. Bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited, under the law. 16. Co-accused Rajul Kishan has also been 8  2025:HHC:21618 released on bail, by this Court, on 24.6.2025, in Cr. MP(M) No. 1291 of 2025. As such, on the ground of parity also, the applicant is entitled for the relief, as claimed, in the application. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released on bail in case FIR No. 20 of 2025, dated 20.4.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Ram Shehar, District Solan, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 19. This order, however, shall be subject to the following conditions:- a) 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) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; 9  2025:HHC:21618 c) 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) Applicant shall not leave the territory of India without the prior permission of the Court. 20. Any of the observations, made herein above, 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. 21. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub-Jail, Kishanpura, Baddi, District Solan, H.P., through e- mail, with a direction to enter the date of grant of bail in the e-prison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, 10  2025:HHC:21618 the Superintendent of Sub-Jail, Kishanpura, Baddi, District Solan, H.P. is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of the Sub-Jail, Kishanpura, Baddi, District Solan, 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 July 7, 2025 Kalpana Digitally signed by KARAN SINGH KANWAR Date: 2025.07.07 17:59:50 IST