Extracted from the PDF above. The PDF is authoritative.
2025:HHC:23015 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1534 of 2025 Reserved on :
09 .07.2025 Decided on :
1 7 .07.2025 Manjot Singh …Applicant Versus State of Himachal Pradesh
…Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. K.S. Gill, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Mr. Mohinder Zharaick and Mr. H.S. Rawat,
Additional
Advocates General with Mr. Rohit Sharma, Deputy Advocate General assisted by HC Naresh Kumar, No.62, Police Station Nalagarh, District Solan, 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’), applicantManjot Singh has sought his release, on bail, during the pendency of the trial, in case FIR No.73 of 2025, dated 07.03.2025, 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:23015
registered under Sections 20, 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Section 111 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Nalagarh, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, as, he has no concern whatsoever with the crime, for which, he has been arrested, by the police. 3. The applicant has further pleaded that he is from respectable family and no fruitful purpose would be served by keeping him in the judicial custody, that too, for indefinite period. 4. It has been averred in the application that seven cases, bearing FIR Nos.202/2021, 335/2021, 87/2022, 178/2023, 111/2024, 303/2024 and 309/2024 have been registered against the applicant, however, there is no case under the provisions of NDPS Act. 5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Nalagarh, District Solan, Himachal
3 2025:HHC:23015
Pradesh. However, the same was dismissed vide order dated 19.05.2025. 6. Apart from this, Mr. K.S. Gill, learned counsel, 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.
Learned counsel appearing for the applicant has submitted that even, on the ground of parity, the applicant is entitled to be released on bail, as his coaccused, namely Palwinder Kaur and Surjan, have already been released on bail, by this Court, vide orders dated 23.05.2025, and 27.05.2025 passed in CrMP(M) Nos.1115 & 1080 of 2025, titled as ‘Palwinder Kaur Vs. State of Himachal Pradesh’ and ‘Surjan versus State of Himachal Pradesh’. 8. On the basis of the above facts, a prayer has been made to release the applicant on bail, during the pendency of the trial, by allowing the bail application. 9. When, put to notice, the police has filed the status report disclosing therein, that on 07.03.2025, HC Parveen Kumar No.36, I/O Special CellX, along with other
4 2025:HHC:23015
police officials, under the leadership of ASI Ranjit Singh, was on patrolling duty and duty to detect the crime, towards BaddiBarotiwalaMaanpuraRamshehr etc. Police party was present at Municipal Park, Nalgarh in Ward No.6 and they had parked their vehicle there and proceeded towards the market, on foot. 9.1. It is the case of the police that on the same day, at about 02:55 pm, police party noticed a person, driving black coloured Bullet motorcycle, without number plate, in Street No.6. Pillion rider was also there. On the petrol tank of the said motorcycle, a handbag was also noticed. Two persons, namely Rishabh Khullar and Purushotam Lal, were associated and subsequently, name and address of the person, who was driving the Bullet motorcycle, was enquired, who disclosed his name as Prince Kumar, S/o Bhagvir Singh and the pillion rider also disclosed his name as Arvind Verma. 9.2. Thereafter, the handbag, which was on the petrol tank of Bullet, was opened and on opening, some currency notes were found from the big zip pocket and two transparent zip pouches were found from the small zip
5 2025:HHC:23015
pocket, containing muddy coloured lump like and powder like substance.
Apart from this, green carry bag was also found, which, on opening, was found to be a black coloured ball like substance, which, on the basis of smell and experience, was found to be charas. The currency notes, on counting, were found to be Rs.12,900/ and when, the substance, found in the zip pouches, was checked, it was found to be heroin/chitta, which, on weighing, was found to be 2.960 gms. The charas was also found, which, on weighing, was found to be 77.770 gms. The contraband was taken into possession. Thereafter, I.O. had completed the other codal formalities. 9.3. On the basis of above facts, police registered the FIR in question and both the accused persons were arrested. 9.4. During the investigation from those two accused persons, involvement of Laddi, R/o Dhatowal, was also found, as, accused Arvind Verma has disclosed to the police that he had purchased the heroin/chitta from said Laddi. According to accused Arvind Verma, the residential
6 2025:HHC:23015
address of said Ranjot @Laddi is known to accused Prince Kumar. 9.5. Thereafter, the I.O., along with other police officials, accused Arvind Verma and Prince Kumar, had gone to Dhatowal, where, the house of Manjot Singh and Ranjot Singh, S/o Nacchtar Singh, was searched in the presence of Manjot Singh. During the search of the house, chitta, weighing 5.710 gms, was found. Consequently, Manjot Singh was also arrested on 08.03.2025. 9.6. On 09.03.2025, accused Ranjot Singh @Laddi was also associated in the investigation and was arrested. During the investigation, accused Ranjot Singh @Laddi has also disclosed that he had purchased the chitta from Gurpreet Singh @Jatta, R/o Tikkar Panoh. After purchasing the chitta, along with his coaccused Arvind Verma @Kala, he used to supply the same to the consumers. He has further disclosed about the involvement of his brother Manjot Singh (applicant). Accused Ranjot Singh @Laddi has also disclosed that in case, the house of Gurpreet Singh @ Jatta is raided, then, the large quantity of contraband could be recovered.
As
7 2025:HHC:23015
such, house of Gurpreet Singh @ Jatta was raided, in the presence of Gurpeet Singh @ Jatta. 9.7. During the search of the house of Gurpreet Singh @ Jatta, four syringes, along with needles, burnt foil papers and 5 empty polythene pouches were found. When, the purse, which was found on the bed, in the room of Gurpreet Singh @ Jatta, was checked, the same was found to be containing two polythene pouches, containing light brown coloured granule and powdery shaped substance, which, on checking and experience, was found to be chitta and on weighing, the same was found to be 0.89 gms. Consequently, Gurpreet Singh @ Jatta was also arrested on 10.03.2025. 9.8. During the police remand of above accused persons, they have further disclosed about the fact that they used to supply the Chitta to Neelam @ Neelo Khan, R/o New Nalagarh, who further used to sell the same to the buyers. When, the Google Pay of Manjot Singh (applicant), on his mobile phone, was checked, it was found that accused Neelam @ Neelo Khan had transferred a sum of Rs.3,26,300/ from 01.09.2024 to 06.03.2025,
8 2025:HHC:23015
whereas, accused Manjot Singh (applicant) had transferred a sum of Rs.68,750/ from September, 2024 to October,
2024. 9.9. On 10.03.2025, on the basis of the secret information, received by the IO, the residential house of Neelam @ Neelo Khan was searched. During the search of her home, the halfburnt currency notes, 4 empty transparent polythene pouches, one halfburnt foil paper and smoking paper were found, which were taken into possession. Thereafter, accused Neelam @ Neelo Khan was also arrested on 10.03.2025. 9.10. It is the further case of the police that Ranjot Singh @ Laddi has further disclosed that his brother Manjot Singh (applicant) used to purchase chitta/heroin from Paramjit Singh, R/o Amritsar. Paramjit Singh had supplied the chitta to his brother at Ropar and thereafter, sale proceeds of the same were transferred on mobile No.9914893943.
Thereafter, the bank account statement of Ranjot Singh @ Laddi was checked and after perusing the statement of account, it was found that accused Ranjot Singh @ Laddi, in the month of October, 2024 to March
9 2025:HHC:23015
2025, had transferred a sum of Rs.23,65,200/, in the account of Palwinder Kaur, W/o Paramjit Singh. 9.11. Thereafter, the police has found the bank account, maintained with Punjab & Sind Bank, linked with Mobile No.9914893943, which was opened in the name of Palwinder Kaur. 9.12. It is the further case of the police that thereafter, the involvement of Palwinder Kaur and Paramjit Singh, both residents of Amritsar, was also found. Both Palwinder Kaur and Paramjit Singh were associated in the investigation and arrested on 13.03.2025. 9.13. Thereafter, one accused, namely Surjan, who allegedly used to purchase chitta from Neelam @ Neelo Khan, was also associated and arrested on 24.03.2025, in this case. 9.14. During the interrogation, Surjan has disclosed that he is addicted to heroin/chitta and used to buy and sell the same from accused Neelam @ Neelo Khan and Manjot Singh (applicant). 10 2025:HHC:23015
9.15. It is the further case of the police that when, the statements of bank accounts of above accused persons were perused, it was found that: i. In the bank A/c No.50100618960075 HDFC of accused Ranjot Singh, a total transaction of Rs.12,98,900/ from the month of September 2024 to 07.03.2025 has been made by accused Arvind Verma to accused Ranjot Singh. ii. On analysing the statement of A/c No.100104151773 IndusInd Bank of accused Manjot Singh and bank A/c No.372701504709 ICICI Bank of accused Gurpreet Singh @ Jatta, a total transaction of Rs.62,454/ has been made by accused Gurpreet Singh @ Jatta to accused Manjot Singh from 29.12.2024 to 02.03.2025. iii.
On analysing the A/c Nos.924010019631358 AXIS Bank and 50100515956797 HDFC of accused Neelam @ Neelo Khan and the above A/c numbers of accused Manjot Singh, respectively, it was found that a total transaction of Rs.3,17,400/ was made by accused Neelam in the above account of accused Manjot Singh from 01.09.2024 to 06.03.2025 and a total transaction of Rs.72,800/ was also made by accused Manjot Singh in the AXIS Bank account of accused Neelam. iv. During the months of NovemberDecember 2024, accused Neelam @ Neelo Khan made a total transaction of Rs.88,000/ to accused Ranjot Singh. v. Accused Ranjot Singh's bank A/c number is 50100618960075 HDFC, Manjot Singh's bank A/c number is 100104151773 IndusInd Bank and accused Palwinder Kaur's A/c number is 09501000011508 Punjab & Sind Bank, and from the above accounts, a total transaction of Rs.23,65,200/ was made by accused Ranjot
11 2025:HHC:23015
Singh from 27.10.2024 to 06.03.2025 and a total transaction of Rs.1,52,300/ was made by accused Manjot Singh from 17.10.2024 to 05.11.2024 in the above mentioned account of accused Palwinder Kaur. vi. On analysing the A/c No.42250200000029 of Bank of Baroda of accused Surjan (applicant), it has been found that from 05.10.2024 to 17.01.2025, a total transaction of Rs.87,180/ has been made by accused Surjan (applicant) in the above bank account of accused Neelam and a total transaction of Rs.34,200/ has also been made by accused Surjan (applicant) in the above account of accused Manjot Singh from 08.10.2024 to 08.02.2025. 9.16. Thereafter, as per the status report, Section 111 of BNS has been added, in this case, as, all the accused persons are doing the business of selling chitta/heroin in an organized manner. 9.17.
As per the status report, against the applicant, the following cases are found to be registered: i) FIR No.202/21 dated 06.07.2021, registered under Sections 147, 149, 323, 341, 506 of the IPC, with Police Station Nalagarh; which is pending before the court of learned ACJM, Nalagarh ii) FIR No.335/21 dated 01.11.2021, registered under Sections 341, 323, & 34 of the IPC, with Police Station Nalagarh; in which, the matter was compromised and the accused was acquitted by the Court of learned ACJM, Nalagarh;
12 2025:HHC:23015
iii) FIR No.87/22 dated 21.03.2022, registered under Sections 307, 324, 341, 427, 147, 148, 149, 326 of the IPC, with Police Station, Nalagarh, which is pending before the Court of learned Additional Sessions Judge, Nalagarh; iv) FIR No.178/23 dated 21.06.2023, registered under Sections 452, 147, 148, 149, 307, 323, 427 of the IPC, and Section 25 of Arms Act, which is pending before the Court of learned ACJM, Nalagarh; v) FIR No.111/24 dated 05.08.2024, registered under Sections 341, 323, 504, 506, 201 & 34 of the IPC, with Police Station Nalagarh; which is pending in the Court of learned ACJM, Nalagarh; vi) FIR No.303/24 dated 19.10.2024, registered under Sections 126(2), 115(2), 351(2), 191(2), 190, 191(3) of the BNS, with Police Station Nalagarh; which is pending in the Court of learned ACJM, Nalagarh; vii) FIR No.309/24 dated 21.10.2024, registered under Sections 126(2), 115(2), 191(2), 190, 191(3), 238 of the BNS, with Police Station Nalagarh; which is pending in the Court of learned ACJM, Nalagarh;
9.18. As per the status report, the chargesheet has been prepared and submitted in the competent Court of law, on 06.05.2025. 10. On the basis of above facts, a prayer has been made to dismiss the application. 13 2025:HHC:23015
11. First of all, so far as the criminal history, which has been mentioned by the applicant, as well as, in the status report, is concerned, admittedly, in the said cases, the competent Court of law has not inflicted the punishment, upon the applicant. As such, the presumption of innocence is still available to the applicant. 12.
Mere registration of other cases, against the applicant, is too short to take away the presumption of innocence, which is still available to the applicant, as, no conviction has been recorded so far by the competent Court of law, in the said cases. 13. In this case, admittedly, the contraband, allegedly stated to have been recovered, 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. 14. 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, pretrial
14 2025:HHC:23015
punishment is prohibited under the law and the punishment can only be inflicted, after the conclusion of trial. 15. The investigation, in the present case, is complete, as, the police has submitted the chargesheet in the competent Court of law, on 06.05.2025. As such, no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period, as, the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright. 16. Moreover, the applicant is also entitled for grant of bail on the basis of parity, as, his coaccused, namely Palwinder Kaur and Surjan, have already been released on bail, by this Court, vide orders dated 23.05.2025, and 27.05.2025 passed in CrMP(M) Nos.1115 & 1080 of 2025, titled as ‘Palwinder Kaur Vs. State of Himachal Pradesh’ and ‘Surjan versus State of Himachal Pradesh’, respectively. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 15 2025:HHC:23015
18.
Consequently, the applicant is ordered to be released on bail in case FIR No.73 of 2025, dated 07.03.2025, registered under Sections 20, 21 and 2961 85 of the NDPS Act and Section 111 of the BNS, with Police Station Nalagarh, District Solan, H.P., on his furnishing personal bonds, in the sum of 5 ₹ 0,000/, with one surety of the like amount, to the satisfaction of the learned trial Court. 19. 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. 20. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the
16 2025:HHC:23015
merits of the case, as these observations are confined, only to the disposal of the present bail application. 21. It is made clear that respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, Himachal Pradesh, through email, with a direction to enter the date of grant of bail in the eprison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Sirmaur.
The Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, 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 ) July 17, 2025 ( ps) Judge Digitally signed by VIKRANT CHANDEL Date: 2025.07.17 13:15:28 IST