1.  ( 2025:HHC:23183 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1553 of 2025 Reserved on:- 11.07.2025 Date of Decision: 17.07.2025 Hem Raj @ Bablu …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. Mohar Singh, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General. 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-Hem Raj alias Bablu has sought his release, on bail, during the pendency of the trial, arising out of FIR No.50 of 2025, dated 25.04.2025, registered under Sections 21 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Padhar, District Mandi H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:23183 ) 2. According to the applicant, he is innocent person and has falsely been implicated, at the instance of the police, in this case. 3. It is the case of the applicant, investigation in the present case is completed and nothing is to be recovered from him or at his instance. He has termed the case of the prosecution, as imaginary and baseless. 4. The applicant has further pleaded that apart from the present case, another case bearing FIR No.259 of 2024 dated 13.12.2024, under Sections 21 and 25 of the NDPS Act, has been registered against him. 5. The applicant had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Mandi, District Mandi, Himachal Pradesh. However, the same was dismissed, vide order dated 20.06.2025. 6. Apart from this, Mr. Mohar Singh, 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. On the basis of the above facts, a prayer has been made to allow the bail application. 3. ( 2025:HHC:23183 ) 8. When, put to notice, the police has filed the status report, disclosing therein, that on 25.04.2025, Constable Praveen Kumar No.687, has submitted a Ruka, to Police Station, which was forwarded to Police Station, Padhar by SI/SHO Saurabh Thakur, for registration of the FIR. As per Ruka, on 25.04.2025 SI/SHO along with the other police officials in his private vehicle was on patrolling duty, when, they were present at place known as Narla then, Constable Praveen Kumar No.687, also met them and he was also associated in the investigation. Thereafter, HHC Bhagwan Singh, from 3rd IRBn Pandoh, who was on traffic duty, was telephonically directed to come and join the patrolling party. After some time, HHC Bhagwan Singh, reached there. Thereafter, the police party had proceeded towards Drang side, and at about 5:15 PM, private vehicle was parked in the premises of old Police Station, Drang. 8.1. Thereafter, the police party started for patrolling on foot. They had gone to the local fair at Burari. After patrolling, they were going to old premises of Police Station, Drang and at about 6:30 PM, when, they reached at Khani Nala bridge, then, they noticed two persons coming on foot from Mandi side. On seeing the police party, they got perplexed and started moving towards Drang. They were chased and out of the two persons, 4. ( 2025:HHC:23183 ) one person, who had worn green shirt, had thrown yellow scarf (Patka), on the left side of the road and started moving towards Drang side. Those two persons were nabbed at a distance of 20-25 paces. Their activities raised a suspicion in the mind of SI/SHO, that the yellow scarf (Patka) might be containing some suspicious article or psychotropic substance. Thereafter, Constable Praveen Kumar, was directed to arrange for independent witnesses. After some time, he came back with one lady and one man. 8.2. On inquiry, the said lady disclosed her name as Jaya Swaroop, Pradhan, Gram Panchayat, Pali, whereas, the man disclosed his name as Dalip Kumar, Ward Member, Ward No.5, Maseran, Gram Panchayat Pali. Both of them were apprised about the factual position and were requested to be the independent witnesses, who had given their consent. Thereafter, the persons, who were nabbed, were inquired. On inquiry, they have disclosed their names as Neeraj Kumar son of Lalit Kumar and Hari Singh son of Fathe Singh. In the presence of witnesses, the yellow scarf (Patka) thrown by them was checked. On the corner of the same, there was a knot, which was untied and on opening, the same was found containing chitta, which was in polythene envelope. On weighment, the 5. ( 2025:HHC:23183 ) said chitta was found to be 14 grams. Other codal formalities were completed and after registration of FIR, accused persons were arrested. 8.3 During investigation, both the accused persons had disclosed that on 23.04.2025, both of them had gone to Ferozepur from where, they had purchased 20 grams of Chitta from one Akash Adiwal, resident of Ferozepur and they had made the payment through google pay. Thereafter, ASI Arvind Kumar, on 29.04.2025 had gone to Ferozepur, along with police officials and accused Hari Singh. When accused Hari Singh contacted him, then, accused Akash alias Adiwal disclosed that he is at Ropar. He was nabbed and arrested. 8.4. Accused Akash Adiwal, in the police custody, has disclosed that his native place is situated at a distance of 7 Kilometers from Pakistan Border. Some Pakistani people used to cross the Border, enter India and they used to sell Chitta @ Rs.1500/- per gram and he used to purchase the same. He has also disclosed that on 24.04.2025, he has purchased 20 grams Chitta for a sum of Rs.48,000/- and sold the same to Neeraj Kumar alias Manu and Hari Singh alias Kaku. 8.5. Thereafter, the CDRs of accused, Neeraj Kumar alias Manu and Hari Singh alias Kaku were obtained and they 6. ( 2025:HHC:23183 ) were found to be in contact with Akash Adiwal. Thereafter, correspondence was made with the bank to provide the bank statements of Neeraj Kumar alias Manu and Hari Singh alias Kaku. 8.6. When the bank statement of Neeraj Kumar was obtained from SBI Branch, Katipri and perused, it was found that Anshul Thakur son of Ajay Kumar and Hem Raj alias Bablu (applicant) son of Naryan Singh had made a number of transactions in the account of Neeraj Kumar alias Manu. Thereafter, their CDRs were analysed. On analysis, it was found that they were in touch with each other, so, the IO thought it proper to inquire from Neeraj Kumar alias Manu and Hari Singh alias Kaku. As such, their remand was again obtained from the Court. 8.7. During police custody, accused Neeraj Kumar alias Manu had disclosed that he is in habit of consuming charas and a few days ago, he had fallen into the bad habit of consuming chitta. In order to purchase chitta, he had sold the land fallen in his share and thereafter, from the amount so received, he had purchased the chitta from Anshul Thakur and Hem Raj alias Bablu (applicant) and for that purpose, he used to transfer the amount online. Thereafter, he had spent all his money and in 7. ( 2025:HHC:23183 ) order to purchase chitta, by spending lesser amount, he used to go to Ferozepur and started purchasing the same, from Akash alias Adiwal. 8.8. Thereafter, Hari Singh alias Kaku was also inquired, who disclosed that he used to purchase chitta/heroine from his friend Neeraj Kumar alias Manu. Thereafter, both the accused persons disclosed that on 25.04.2025, out of the recovered charas, they had purchased some of it from Anshul and Hem Raj (applicant) and amount was paid by Neeraj alias Manu. Thereafter, accused Anshul Thakur and Hem Raj alias Bablu (applicant) were searched and Anshul Thakur was arrested on 08.05.2025. The search was made from Hem Raj alias Bablu (applicant) and on 09.05.2025, he was found at his home, he was associated and was arrested on 09.05.2025. During investigation, accused Anshul Thakur and Hem Raj alias Bablu (applicant), disclosed that they used to purchase heroin from a Nigerion national at Delhi. However, they do not know his name and address, nor, they are having his mobile number. 8.9. It is the further case of the police that the bail applications of Neeraj Kumar alias Manu, Hari Singh alias Kaku and Anshul Thakur were allowed by the Court of learned Special 8. ( 2025:HHC:23183 ) Judge, Sarkaghat, whereas accused Akash alias Adiwal had withdrawn his bail application. 8.10. As per the result from SFSL Junga, positive report has been received. Thereafter, charge sheet has been prepared and submitted against all the five accused persons in the Court of learned Additional Sessions Judge-cum Special Judge, Sarkaghat, District Mandi, H.P. The bail application of Akash alias Adiwal has also been allowed on 30.06.2025 by the learned Special Judge Mandi. As such, except the applicant, all other four accused persons have been released on bail. 8.11. It is the further case of the police that against Hem Raj alias Bablu (applicant), a case bearing FIR No.259 of 2024, dated 13.12.2024 under Sections 21 & 25 of NDPS Act has been found to have been registered, which is pending adjudication in the Court of learned Additional Sessions Judge-cum Special Judge. 8.12. Reasserting the fact that the bail application of the applicant has been dismissed by the Court of learned Additional Sessions Judge-cum Special Judge, Sarkaghat, District Mandi, H.P., it has been submitted that the case is now listed for the service of the accused on 11.08.2025. 9. ( 2025:HHC:23183 ) 8.13. The four co-accused of the applicant, in this case, have already been released on bail and the role attributed to the above four persons is similar to the allegations, which have been levelled against the present applicant. As such, on the ground of parity, the applicant is also entitled for the relief, as claimed in the application. 8.14. Mere registration of one case against the applicant under the provisions of NDPS Act, is too short to take away the presumption of innocence, which is still available to the applicant, as the applicant is presumed to be innocent unless proven guilty. 8.15. Bail application cannot be rejected, as a matter of punishment, as pre-trial punishment is prohibited, under the law. 8.16. There is nothing on the file to demonstrate that the applicant has ever been declared as habitual offender by the competent authority, nor, any efforts have been made to get the bail cancelled, which was granted to the applicant, in case arising out of FIR No.259 of 2024. 9. The fact that the case is now listed on 11.08.2025 for service of the accused person is sufficient to hold, at this stage, that the chances of commencement and conclusion of the trial, against the applicant, in the near future are not so bright. As 10. ( 2025:HHC:23183 ) such, no useful purpose would be served by keeping him in the judicial custody that too, for indefinite period. 10. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 11. Consequently, the applicant is ordered to be released on bail, in case FIR No.50 of 2025, dated 25.04.2025, registered under Sections 21 & 29 of the NDPS Act, with Police Station, Padhar, District Mandi, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties in the like amount, to the satisfaction of learned trial Court. 12. This order, however, 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 d) The applicant shall not leave the territory of India without the prior permission of the Court. 11. ( 2025:HHC:23183 ) 13. 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. 14. 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. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Mandi, District Mandi, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 16. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail Mandi, District Mandi, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Mandi, District Mandi, H.P. The Superintendent of Jail, District Jail Mandi, District Mandi, 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 July 17, 2025 (subhash) Digitally signed by VIKRANT CHANDEL Date: 2025.07.17 18:23:23 IST