Extracted from the PDF above. The PDF is authoritative.
2025:HHC:25579 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 1668 of 2025 Reserved on :
24 .07.2025 Decided on :
31 .07.2025 Dugle Ram …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. Maan Singh, Advocate. For the respondent : Mr. H.S. Rawat, Additional Advocate General. Virender Singh, Judge ApplicantDugle Ram, apprehending his arrest, in case FIR No.248 of 2024, dated 04.09.2024, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kullu, District Kullu, H.P., has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:25579
2. By way of the present application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Kullu, District Kullu, H.P., to release him on bail, in the event of his arrest. 3. According to the applicant, he has falsely been implicated, in the present case, as, he has no concern whatsoever with the crime, for which, he has been named, by the police, for allegedly cultivating 35004000 plants of cannabis, over the land allegedly in his possession, whereas, applicant was allegedly found to be cosharer in the said land, along with 12 other cosharers. 4. The applicant has further pleaded that the allegations have been levelled against him, as the other co sharers have sworn in affidavits that the cannabis plants over Khasra No.386 have been cultivated by the applicant. 5. It is the further case of the applicant that he has no concern whatsoever, with the said cultivation. 6. The applicant had earlier tried his luck by moving similar application before the Court of learned Special JudgeII, Kullu, District Kullu, H.P., however, his application has been dismissed vide order dated 16.5.2025. 3 2025:HHC:25579
7. Apart from this, it has also been highlighted by the learned counsel for the applicant that the coaccused Geharu Ram has been released on bail by the Court of learned Special Judge, Kullu. 8.
Apart from this, 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, any direction is issued under Section 482 BNSS. 9. On the basis of the above facts, a prayer has been made to allow the application. 10. When put to notice, the police has filed the status report disclosing therein, that on 04.09.2024, ASI Bhup Singh, has submitted a rukka, disclosing therein that on 04.09.2024, he, along with other police officials, reached at Tandla, where SI Munish Kumar has constituted teams. 10.1. SI Bhup Singh, C. Des Raj No.306, 3rd IRBN, and LC Reetu 7/W26, thereafter, proceeded for patrolling and to detect the crime relating to excise and narcotics. When they reached at Tandla, then, on the downside of the road, they noticed slate roofed house, in front of which, in
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the apple orchard and the maize fields, cultivation of cannabis was found. 10.2. Thereafter, the I.O. associated Hira Lal son of Shri Tek Ram, Ward Member, Ward No.2, Gram Panchayat Kais and they reached at the house. The house is stated to have been owned by Raju son of Bhagat Ram, which was found to be locked. On the adjoining land, in the orchard, there was cultivation of cannabis, in the area measuring about 2 bighas. 10.3. Thereafter, Patwari Halqa was contacted, who disclosed to the I.O. that he was on leave and he will apprise the khasra numbers of the land, after demarcation of the same. Due to this, the fact as to who had cultivated the cannabis, could not be ascertained. 10.4. Thereafter, the matter was also inquired from the Ward Member, who has also feigned his ignorance. Thereafter, in the presence of said Ward Member, five plants of different sizes of cannabis were uprooted. On measurement, their growth was found to be 5 inch to 8 inch. Total 35004000 plants of cannabis were found.
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10.5. Thereafter, Additional Superintendent of Police, Sanjeev Chauhan, was informed telephonically, who had
directed the I.O. to click the photographs of the spot and after videography, direction was given to destroy the said cannabis plants. Consequently, ten plants were uprooted and separated as samples and put in the sack.
10.6. Thereafter, rukka was prepared and submitted to the Police Station, upon which, the police registered the FIR in question and the criminal machinery swung into motion.
11. During investigation, demarcation of the said land was got conducted on 28.04.2024. As per the report of Kanoongo, there were 13 cosharers in Khasra No.377 and 7 cosharers in Khasra No.386. In the ownership column of Khasra No.386, name of Dugle Ram son of Nanak Chand (applicant) has been recorded and other co sharers of Khasra No.386 are yet to be inquired.
12. With regard to the land bearing Khasra No.377, 15 affidavits were submitted by the cosharers and they have mentioned the name of Geharu Ram son of Hetu,
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resident of village Tandla, in their revelation to the police, as well as, in the affidavits.
13. Similarly, five cosharers of Khasra No.386, in their affidavits, named Dugle Ram (applicant). They have mentioned in their affidavits that it is Dugle Ram (applicant), who has cultivated the cannabis over khasra No.386.
14. On the basis of the above facts, a prayer has been made to dismiss the bail application.
15.
Learned counsel for the applicant has placed on record the copy of order dated 25.06.2025, passed by the Court of learned special Judge, Kullu, by virtue of which, the relief, under Section 482, was granted to one Geharu Ram. In this order, neither FIR number, nor, the factual position has been mentioned. 16. On the basis of this order, no inference can be drawn by this Court, whether the role attributed to the applicant is similar to the role, which has been alleged against the petitioner, before the learned Special Judge, Kullu. Hence, no benefit can be extended to the applicant on the basis of the said order. 7 2025:HHC:25579
17. The applicant has been named, as accused, in the present case, under Section 20 of the NDPS Act. The legislature, in its wisdom, has enacted this statute to curb the menace of drug abuse with stringent punishment. 18. The Hon’ble Supreme Court in Criminal Appeal No. 5544 of 2024, titled as ‘Narcotics Control Bureau versus Kashif’, Neutral Citation No.2024 INSC 1045, has held that the provisions of NDPS Act have to be interpreted literally and not liberally. Relevant paragraphs 8 and 39 of the said judgment are reproduced, as under:
“8. There has been consistent and persistent view of this Court that in the NDPS cases, where the offence is punishable with minimum sentence of ten years, the accused shall generally be not released on bail. Negation of bail is the rule and its grant is an exception. While considering the application for bail, the court has to bear in mind the provisions of Section 37 of the NDPS Act, which are mandatory in nature. The recording of finding as mandated in Section 37 is a sine qua non for granting bail to the accused involved in the offences under the said Act. Apart from the granting opportunity of hearing to the Public Prosecutor, the other two conditions i.e., (i) the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and that (ii) he is not likely to commit any offence while on bail, are the cumulative and not alternative conditions. xxx xxx xxx
39.
The upshot of the above discussion may be summarized as under:
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(i) The provisions of NDPS Act are required to be interpreted keeping in mind the scheme, object and purpose of the Act; as also the impact on the society as a whole. It has to be interpreted literally and not liberally, which may ultimately frustrate the object, purpose and Preamble of the Act. (ii) While considering the application for bail, the Court must bear in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature. Recording of findings as mandated in Section 37 is sine qua non is known for granting bail to the accused involved in the offences under the NDPS Act. (iii) The purpose of insertion of Section 52A laying down the procedure for disposal of seized Narcotic Drugs and Psychotropic Substances, was to ensure the early disposal of the seized contraband drugs and substances. It was inserted in 1989 as one of the measures to implement and to give effect to the International Conventions on the Narcotic drugs and psychotropic substances. (iv) Subsection (2) of Section 52A lays down the procedure as contemplated in subsection (1) thereof, and any lapse or delayed compliance thereof would be merely a procedural irregularity which would neither entitle the accused to be released on bail nor would vitiate the trial on that ground alone. (v) Any procedural irregularity or illegality found to have been committed in conducting the search and seizure during the course of investigation or thereafter, would by itself not make the entire evidence collected during the course of investigation, inadmissible. The Court would have to consider all the circumstances and find out whether any serious prejudice has been caused to the accused. (vi) Any lapse or delay in compliance of Section 52A by itself would neither vitiate the trial nor would entitle the accused to be released on bail.
The Court will have to consider other circumstances and the other primary evidence collected during the course
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of investigation, as also the statutory presumption permissible under Section 54 of the NDPS Act.” (selfemphasis supplied)
19. Considering the ill effect of the psychotropic substances and drugs over the younger generation, any relief to the applicant, will give wrong signal to the society that after committing such a heinous crime, having impact on the younger generation, the applicant is moving freely in the society. 20. Any relief to the applicant would also encourage others to indulge in the similar activities, which is against the intent of the legislature, for which, the NDPS Act has been enacted. 21. Moreover, the Hon’ble Supreme Court in Criminal Appeal No.1005 of 2022, titled as The State of Haryana versus Samarth Kumar, MANU/SC/1173/ 2022, has held that relief of anticipatory bail is not warranted in such type of cases. Relevant paragraphs 8 and 9 of the judgment, are reproduced as under:
8. In cases of this nature, the respondents may be able to take advantage of the decision in Tofan Singh vs. State of Tamil Nadu (supra), perhaps at the time of arguing the regular bail
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application or at the time of final hearing after conclusion of the trial. 9. To grant anticipatory bail in a case of this nature is not really warranted. Therefore, we are of the view that the High Court fell into an error in granting anticipatory bail to the respondents. 22. Considering all these facts, this Court is of the view that the applicant is not able to make out a case for bail. Consequently, the application is dismissed. 23. 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. ( Virender Singh ) July 31, 2025 ( ps) Judge