Extracted from the PDF above. The PDF is authoritative.
2025:HHC:23017 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1585 of 2025 Reserved on :
14 .07.2025 Decided on :
1 7 .07.2025 Anwar Ali …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. Arsh Chauhan, Advocate vice Mr. Nand Lal Thakur, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Mr. Varun Chandel, Mr. H.S. Rawat, Additional Advocates General and Mr. Rohit Sharma, Deputy Advocate General assisted by SI Jai Devi, Police Station Rampur, District Shimla, 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’), applicantAnwar Ali has sought his release, on bail, during the pendency of the trial, in case FIR No.52 of 2025, dated 13.05.2025, 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:23017
registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Rampur, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, by the police. 3. It is the further case of the applicant that nothing is to be recovered from him and his custodial interrogation is no longer required by the police. 4. As per the applicant, he has falsely been implicated by the police as he was neither present on the spot nor any contraband was recovered from his possession and he has been arrested, in this case, in order to save the real culprit. 5. It is the specific case of the applicant that there is nothing on record to fulfill the requirement of Section 29 of the NDPS Act. The involvement of the applicant is stated to be found on the basis of the CDRs and bank record. 3 2025:HHC:23017
6. The applicant has also put forward his clean antecedents, as one of the grounds to release him on bail, during the pendency of the trial. 7. Apart from this, learned vice 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. 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 13.05.2025, HC Gaurav Jishtu No.172, along with other police officials, was on patrolling duty and duty to detect the crime, relating to excise and narcotics towards Nogali, Dattnagar, Bhadrash, Nirath and Sainj etc. 9.1. When, the Police party, under the leadership of the I.O., at about 3.40 p.m., reached at Bhadrash, then, the I.O. received a secret information regarding indulgence of one Ajay Kumar son of Shri Mahesh Kumar, who, as per
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the information, is residing in the rented accommodation in the building of Bhaginder Gautam and along with him, Rohit son of Shri Kewal Krishana, Vijay Kumar son of late Shri Mahesh Kumar, Rohan son of Shri Dharam Pal and Piyush son of Shri Dharam Pal, were present. All the five persons are dealing in the business of Chitta/heroin. 9.2. As per the information, in case, the said room is searched, then from the said room, large quantity of chitta/heroin could be recovered. 9.3. The said information was found to be authentic and reliable. According to the I.O., in case of delay and in case, the search warrants were obtained from the Court, there was every apprehension that the contraband could be removed from there. As such, the I.O. had complied with the provisions of Section 42(2) of the NDPS Act and submitted the requisite information through Constable Jagmohan No.505. 9.4. Meanwhile, one person came there, who, on enquiry disclosed his name as Sunil Thakur, resident of village and post office Binhu, Tehsil Jogindernagar, District Mandi, H.P. He was also associated in the police party, as
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independent witness.
Thereafter, the I.O., also apprised Prem Singh Chauhan, UpPradhan, Gram Panchayat Nirath, from his mobile number, with regard to the secret information, who has disclosed to him that he is in Nirath Bazar and he was requested to come present at Kudidhar zero point. 9.5. Thereafter, the police party reached the house at 4.30 p.m. The I.O. knocked the door and one person opened the same. Four other young men were found to be in the room. The police party had given their introduction and also apprised them about the secret information. 9.6. All the five persons came near the door. On enquiry, they had disclosed their names as i) Ajay Kumar son of Shri Mahesh Kumar, ii) Rohit son of Shri Kewal Krishan, iii) Vijay Kumar, son of Shri Mahesh Kumar, iv) Rohan son of Shri Dharam Pal and v) Peeyush @ Raman son of Shri Dharam Pal. 9.7. Thereafter, the room was searched. From the room, underneath the mattress, a plastic envelope was found, along with the currency notes. When the plastic envelope was opened and checked, the same was found
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containing granular shaped substance, which on the basis of the experience was found to be heroin/chitta. The contraband, on weighing, was found to be 30.88 gms. The total currency notes were found to be Rs.50,400/. 9.8. Thereafter, the I.O. prepared the rukka and after registration of the FIR, above five persons were arrested. They were also medicolegally examined at MGMSC Khaneri and their MLCs were obtained. Case property was deposited in the Malkhana. 9.9. All the five persons were produced before the Court on 14.5.2025, from where, they were remanded to the police custody for four days. Thereafter, the case property was produced beore the Court, where inventory proceedings were got conducted and samples were sent to FSL Junga. 9.10. During the interrogation, when the above five accused persons were in police custody, a request was made to the service provider to provide CDRs and Bank account statements.
When the bank statements and CDRs were analyzed, it was found that accused persons had
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talked with a number of persons and there was some suspicious transaction in their account. 9.11. During investigation, from the perusal of the bank statements and CDRs of Ajay Kumar and Vijay Kumar, suspicious transactions were found in those accounts, whereas, nothing objectionable was found from the bank statements and call details of other accused persons. 9.12. During investigation, accused Ajay Kumar has disclosed that his brother is in the business of selling Chitta/heroin, for the last so many years and they also used to take Chitta, through injection. 9.13. Accused Ajay Kumar used to purchase Chitta from Hoshiarpur (Punjab), as they had spent their childhood at Hoshiarpur (Punjab). Accused Ajay Kumar and Vijay Kumar during investigation, have disclosed that they used to sell chitta at Pandoh and for the last 34 months, they were doing the business of selling Chitta at Nirath. 9.14. It is the further case of the police that one Ankit Thakur, from his bank account, had transferred a sum of
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Rs.6900 + Rs.1000/, from 11.02.2025 to 14.4.2025, whereas, accused Ajay and Ankit Thakur had talked to each other from 22.1.2025 to 12.05.2025, on 297 occasions. Ankit Thakur, also transferred a sum of Rs.26421/ in the account of Vijay Kumar from 23.02.2025 to 24.4.2025. From the mobile phone of Vijay Kumar, 20 phone calls were made. Gaurav had transferred a sum of Rs.10,100/, in the account of Ajay Kumar from 24.01.2025 to 13.04.2025 and he has received a sum of Rs.5800/. Accused Ajay Kumar had talked to Gaurav on his mobile phone on 109 occasions from 7.4.2025 to 19.04.2025 and Gaurav had transferred a sum of Rs.3600/, in the account of Vijay Kumar, from 10.04.2025 to 17.04.2025. Thereafter, Ankit Thakur was arrested on 26.6.2025 at 2.00 p.m. and Gaurav was arrested at 8.55 p.m.
9.15.
In the further investigation, on the basis of the suspicious transactions with the main accused and telephone calls, Anwar Ali (applicant), Bhanu and Naresh Kumar @ Niju, were associated in the investigation on
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29.06.2025, and on finding his involvement, the applicant was arrested. 9.16. As per the stand taken by the police, accused Anwar Ali (applicant), from his bank account, has transferred a sum of Rs.17805/, from 10.10.2024 to 14.04.2025, to the account of accused Ajay Kumar and received a sum of Rs.230/ from him. A transaction of Rs.2800/ was also found to have taken place from his account to the account of accused Vijay Kumar. 9.17. Accused Ajay from his mobile phone had called Anwar Ali (applicant) on 672 occasions. No other case is found to have been registered against the applicant. Lastly, it has been pleaded that the investigation is complete and charge sheet has been filed. 10. It is the case of the police that accused Raman @ Piyush and Rohit were released on bail by the Court of learned Additional Sessions Judge, Kinnaur at Rampur, on 25.06.2025, whereas, accused Ajay Kumar, Vijay Kumar and Rohan, were released on bail by the learned Additional Sessions Judge, Kinnaur at Rampur on 08.07.2025. 10 2025:HHC:23017
11. Considering the above facts, this Court is of the view that the investigation, in the present case, is complete, as such, no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period. 12.
So far as the alleged financial transactions between the accused and his coaccused Ajay Kumar and Vijay Kumar is concerned, the police has not added Section 27A of the NDPS Act, as such keeping in view the quantity of contraband, rigors of Section 37 of the NDPS Act are not applicable, in this case, as the contraband involved, in the present case, does not fall within the definition of ‘commercial quantity’. 13. Moreover, when, all the five accused, who were arrested on the spot, were released on bail, by the learned Additional Sessions Judge, Kinnaur at Rampur, then even on the ground of parity, the applicant is entitled to the relief, as claimed in the application. 14. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 11 2025:HHC:23017
15. Consequently, the applicant is ordered to be released on bail in case FIR No.52 of 2025, dated 13.05.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station Rampur, District Shimla, 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. 16. 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. 17.
17. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the
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merits of the case, as these observations are confined, only to the disposal of the present bail application. 18. 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. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kaithu, Shimla, through email, with a direction to enter the date of grant of bail in the eprison software. 20. 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, Kaithu, District Shimla, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail, Kaithu, District Shimla, 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 ( ps) Digitally signed by VIKRANT CHANDEL Date: 2025.07.17 13:14:34 IST