1. 2025:HHC:24308 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1642 of 2025 Reserved on:- 18.07.2025 Date of Decision: 25.07.2025 Sumit Kumar …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. Sunit Verma Advocate, vice Mr. Umesh Kanwar, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Additional Advocate General and Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Kamal Kumar, Police Station, Gagal, District Kangra, 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-Sumit Kumar has sought his release, on bail, during the pendency of the trial, arising out of FIR No.62 of 2025, dated 02.05.2025, registered under Sections 21-61-85 of the Narcotic Drugs & Psychotropic 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. 2025:HHC:24308 ) Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Gaggal, District Kangra H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in this case for allegedly possessing 53.84 grams heroin/chitta, whereas, according to the applicant, he has no concern, whatsoever, with the recovery of the said contraband. 3. Apart from this, it is the case of the applicant that the contraband allegedly shown to have been recovered from the possession of the applicant 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. 4. On the basis of the above facts, the applicant has prayed that during the pendency of the trial, he may kindly be released on bail. 5. Apart from this, Mr. Sunit Verma, Advocate, vice Mr. Umesh Kanwar, 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. 6. On the basis of the above facts, a prayer has been made to allow the application. 3. 2025:HHC:24308 ) 7. When, put to notice, the police has filed the status report, disclosing therein, that on 02.05.2025, ASI Pramod Singh, along with along with other police officials, was on patrolling duty and duty to detect the crime. At about 12:35, in the midnight, when he reached at a place known as Kuthma, near Banoi bridge, on Kangra-Pathankot road, then, he noticed a scooty, being driven by its driver, coming from Pathankot side. On seeing the vehicle of the police, the scooty driver got perplexed and tried to turn back towards Banoi, due to which, his scooty fell down on the road. After leaving scooty there, the said person ran from there and while running, he had taken out something, out of his pants and thrown the same. 7.1. The said person was nabbed at a distance of about 10-15 paces. He was found to be perplexed. He could not give the satisfactory answer about the article, which he had thrown away, as such, IO developed a suspicion that the said article might be narcotic substance. As such, he has requested, Ravi Kumar, Pradhan Gram Panchayat, Kuthma, to come to the spot. After 10 to 15 minutes, he reached at the spot and was associated as independent witness. Thereafter, the name and address of the person, who was nabbed, was inquired. On inquiry, he had disclosed his name as Sumit Kumar (applicant). 4. 2025:HHC:24308 ) Thereafter, the article thrown away by him has been lifted and checked and the same was found to be a polythene envelope, which was tied and electronic weighing scale was also found. When the knot was untied, the envelope was found containing white coloured powdered/granule shaped substance. 7.2 On checking the same on detection kit, the same was found to be heroin/chitta. On weighment, the said chitta was found to be 53.84 grams. Other codal formalities were completed and after registration of FIR, the applicant was arrested. 7.3 After complying with the provisions of Section 52A, the sample was sent to SFSL, Junga, from where, positive report has been received. After completion of the investigation, the charge sheet has been filed and the same is pending before the learned Special Judge, Kangra at Dharamshala. 8. On the basis of the above facts, it has been argued by the learned Additional Advocate General that the applicant is resident of Amritsar and in case, he is released on bail, he may not be available for the trial and may again indulge in the same activities. 9. On the basis of the above facts, a prayer has been made to dismiss the application. 5. 2025:HHC:24308 ) 10. The 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, in this case. 11. Except the present case, no other case has been found to have been registered against the applicant, as such, the presumption of innocence is still available to the applicant. 12. Moreover, the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period, as pre-trial punishment is prohibited under the law. 13. From the fact that the police has filed the charge sheet against the applicant, this Court can conclude that his custodial interrogation, is no longer required by the police. 14. So far as the arguments of learned Additional Advocate General, qua the fact that the applicant is resident of adjoining State i.e. Punjab, he may not be available for the trial and may again indulge in the similar activities, in case, ordered to be released on bail, are concerned, for those apprehensions, reasonable conditions can be imposed upon the applicant, in 6. 2025:HHC:24308 ) case, he is ordered to be released on bail, during the pendency of the trial. 15. Considering all these facts, this Court is of the view that the applicant is able to make out a case for his release, on bail, during the pendency of the trial. Hence, the present bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail, during the pendency of the trial, arising out of FIR No.62 of 2025, dated 02.05.2025, registered under Sections 21-61-85 of the NDPS Act, with Police Station, Gaggal, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 1,00000/-, with two sureties in the like amount, to the satisfaction of learned Special Judge, Kangra at Dharamshala, District Kangra, H.P. 17. 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 7. 2025:HHC:24308 ) 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. 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, Lala Lajpat Rai, District and Correctional Home Dharamshala, District Kangra, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai, District and Correctional Home Dharamshala, District Kangra, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kangra, District Kangra, H.P. The Superintendent of Jail, Lala Lajpat Rai, District and Correctional Home Dharamshala, District Kangra, Himachal 8. 2025:HHC:24308 ) 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 25, 2025 (subhash) Digitally signed by VIKRANT CHANDEL Date: 2025.07.25 17:36:21 IST