Extracted from the PDF above. The PDF is authoritative.
2025:HHC:26704 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 1658 of 2025 Reserved on : 04th August, 2025 Decided on : 08th August, 2025 Rajender Kumar
…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. Vijay Chaudhary, Advocate. For the respondent : Mr. Tejasvi Sharma & Mr. Varun Chandel, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General. Virender Singh, Judge
(oral) ApplicantRajender Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.48 of 2025, dated 14.02.2025, registered, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:26704 referred to as the ‘NDPS Act’), with Police Station, Balh, District Mandi, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated by the Police, in this case, for allegedly possessing Chitta/Heroin, weighing 6 grams, whereas, according to the applicant, he has no concern whatsoever with the contraband, so recovered. 3. The investigation, in the present case, is stated to have been completed and the charge sheet has been filed in the competent Court of law. 4. The applicant has also mentioned that as many as 15 cases have been registered against him, out of which 6 cases have been registered under the provisions of NDPS Act. 5. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special Judge, Mandi, however, his application has been dismissed on 1.5.2025. 6. Apart from this, Mr. Vijay Chaudhary, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the
3 2025:HHC:26704 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 application. 8.
When put to notice, the police has filed the status report, disclosing therein, that HC Janak Raj, has submitted a rukka to Police Station, Balh, mentioning therein, that on 14.02.2025, he, along with other Police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotic substances. 8.1. At about 11.45 a.m., when the police party reached at a place known Lohara, then, the I.O. received a secret information regarding indulgence of one Rejender @ Manu, in the business of selling Chitta/Heroin and as per the information, he has stored Heroin/Chitta, in large quantity, in his residential house and used to sell the same to his customers in small quantity. 8.2. As per the information, in case, his residential house is searched, large quantity of Heroin/Chitta, could be recovered. The said information was found to be authentic and reliable. 4 2025:HHC:26704
8.3. According to the I.O., the Court complex is situated at a considerable distance and in case of obtaining the search warrants, the contraband, could be removed from there. As such, information under Section 42(2) of the NDPS Act, was prepared and submitted to the superior officer. Thereafter, at about 11.58 a.m., he has proceeded towards the spot. 8.4. On the way, at about 12.00 p.m., when the police party reached at Kansa, the I.O. informed Smt. Reeta Devi, Pradhan Gram Panchayat Syahan, about the secret information telephonically and requested her to be the witness. After some time, said Reeta Devi wife of Roop Lal Chaudahry, met the I.O., who was associated, in the investigation of the case, as independent witness. 8.5. Thereafter, the police party reached at the residential house of the person named in the secret information. When, the I.O. called the occupant of the house by calling his name as Manu, then, one man and one woman came out. 8.6.
In the presence of the said person, the man disclosed his name as Rajender @ Manu son of Ramu
5 2025:HHC:26704 (applicant) and the lady disclosed her name as Poonam Devi wife of Manu. Thereafter, the I.O. apprised them about the secret information and intention of the I.O. to search the house. 8.7. During the search of the house, a yellow/ orange coloured packet of Kurkure was found kept concealed under the roof, which, on opening, was found to be containing Chitta, which, on weighment, was found to be 6 grams. The said contraband was taken into possession. 9. After completion of the codal formalities, the FIR was registered and the accused was arrested. 10. As per the further stand of the Police, that after conducting inventory proceedings, the contraband was sent to SFSL Junga, from where, positive report has been received. 11.
It is the further case of the police that as per the record, following 16 cases are found to have been registered against the applicant, out of which, five are under the NDPS Act : i) FIR No.95/11, dated 16.05.2011, under Sections 457, 380 IPC, Police Station Balh;
6 2025:HHC:26704 ii) FIR No.98/11, dated 17.05.2011, under Sections 379, 411 of the IPC, Police Station Balh, in which, the applicant was acquitted by learned JMFCIII, Mandi, on 16.11.2018; iii) FIR No.155/14, dated 20.05.2014, under Sections 379, 323, 504, 34, 324 IPC, Police Station Balh; iv) FIR No.22/15, dated 10.04.2015, under Sections 379 and 34 IPC, Police Station Sunni, District Shimla, in which the applicant was acquitted by learned JMFCVII, Shimla, on 29.03.2017; v) FIR No.15/16, dated 20.0.2016, under Sections 457, 380, 34 IPC, Police Station Padhar, District Mandi; vi) FIR No.08/17, dated 11.01.2017, under Sections 379, 34 IPC, Police Station Arki, District Solan; vii) FIR No.02/17, dated 02.01.2017, under Sections 379, 34 IPC, Police Station Arki, District Solan; viii) FIR No.289/18, dated 16.11.2018, under Sections 341, 382, 323, 504, 506, IPC, Police Station Balh; ix) FIR No.111/19, dated 23.07.2019, under Sections 457, 380, 411, 34 IPC, Police Station Joginder Nagar, District Mandi; x) FIR No.230/20, dated 06.07.2020, under Sections 379, 323, 34 IPC, Police Station Balh, District Mandi; xi) FIR No.87/21, dated 10.04.2021, under Section 21 NDPS Act, Police Station Balh, District Mandi;
7 2025:HHC:26704 xii) FIR No.74/22, dated 27.02.2022, under Section 21 NDPS Act, Police Station Balh; xiii) FIR No.28/23, dated 19.01.2023, under Section 21 NDPS Act, Police Station Balh; xiv) FIR No.68/23, dated 20.03.2023, under Section 21 NDPS Act, Police Station Sundernagar, District Mandi; xv) FIR No.62/24, dated 23.03.2024, under Sections 341, 327, 365, 392, 323, 34, 201 IPC, Police Station Sadar, District Mandi; and xvi) FIR No.80/24, dated 30.04.2024, under Section 21 NDPS Act, Police Station Balh, District Mandi;
12. On the basis of the above facts, a stand has been taken that the charge sheet has been filed, in this case, on 19.04.2025, before the learned Additional Chief Judicial Magistrate, Mandi. 13.
Highlighting the criminal antecedents of the applicant, Shri Tejasvi Sharma, learned Additional Advocate General has prayed that the applicant is not entitled to the relief, as such, a prayer for rejection of the application has been made. 14. Admittedly, the contraband allegedly recovered, in the present case, does not fall within the definition of
8 2025:HHC:26704 ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 15. The investigation, in the present case, is complete and the chances of commencement and conclusion of the trial against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 16. Moreover, the application cannot be rejected as a matter of punishment, as pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 17. Admittedly, 16 cases have been registered against the applicant, out of which, in two cases, the applicant has been acquitted and five cases are registered under the NDPS Act. In none of the cases, the applicant has been convicted by the competent Court of law. A person is presumed to be innocent until proven guilty, after the trial. 9 2025:HHC:26704
18. Moreover, the status report is silent about the fact whether any effort has been made by the police to get the bail cancelled, in which, he has been released on bail by the competent Court of law. For the omission/failure of the police to move appropriate application for cancellation of the bail, granted to the applicant, in the above noted cases, the relief, as claimed, in the application cannot be rejected, on this sole ground. 23. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.
The applicant is ordered to be released on bail, in case FIR No.48 of 2025, dated 14.02.2025, registered, under Section 21 of the NDPS Act, with Police Station, Balh, District Mandi, 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
24. This order of release, 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 appropriate application;
10 2025:HHC:26704 b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; 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.”
25. 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. 26. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Mandi, District Mandi, through email, with a direction to enter the date of grant of bail in the eprison software. 28. 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, is directed to inform this fact to the Secretary, DLSA,
11 2025:HHC:26704 Mandi.
The Superintendent of Jail, District Jail, Mandi, District Mandi, 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 August 08, 2025(ps) RAJNI Digitally signed by RAJNI Date: 2025.08.08 13:08:54 +0530