Neutral Citation No. ( 2025:HHC:11308 ) 1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP No. 3974 of 2024 in Cr. Appeal No. 495 of 2024 Decided on: 25.04.2025 ____________________________________________________ Jaswant Singh @ Nitu …..Applicant/Appellant. Versus State of Himachal Pradesh ……Non-applicant/Respondent. ____________________________________________________ Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon'ble Mr. Justice Sushil Kukreja, Judge. 1 Whether approved for reporting? _____________________________________________________ For the applicant: Mr. Shivank Singh Panta, Advocate. For the non-applicant/State: Mr. Ramakant Sharma, Mr. Navlesh Verma, Ms. Sharmila Patial, Mr. Sushant Keprate, Additional Advocates General and Mr. Raj Negi, Deputy Advocate General. Sushil Kukreja, Judge. (Oral) This order shall dispose of an application filed by the applicant/appellant under Section 430 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking suspension of sentence awarded by learned Special Judge, Mandi, Division Mandi, H.P., vide judgment of conviction, dated 28.06.2024, and order of sentence, dated 10.07.2024, in ND&PS Case No. 87/2023/2018, for the commission of offences 1 Whether reporters of Local Papers may be allowed to see the judgment? Neutral Citation No. ( 2025:HHC:11308 ) 2 punishable under Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “the NDPS Act”). The applicant was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year. 2. The learned counsel for the applicant/appellant contended that the appellant Jaswant Singh @ Nitu being an innocent driver was not expected to know kinds of goods in possession of the passenger sitting on the front seat of the car as such, the alleged offence cannot be attributed to him. He further contended that he was not found in conscious and exclusive possession of the contraband and he had no prior or explicit knowledge about the contents of the orange coloured bag resting on the lap of the prime accused, when the vehicle was intercepted and checked/inspected by the police party, while exercising routine patrolling duty. He also contended that that there is no direct or indirect evidence, connecting the appellant with the commission of the offence, as no recovery was effected from the person of the accused. He, therefore, submitted that the sentence imposed upon the applicant may be suspended and he may be released on bail. 3. On the other hand, learned Additional Advocate General contended that the applicant/appellant is not entitled to be Neutral Citation No. ( 2025:HHC:11308 ) 3 released on bail during the pendency of the present appeal, as he has been convicted in a serious offence after a full fledged trial. 4. We have heard the learned counsel for the applicant/appellant as well as learned Additional Advocate General for the non-applicant/State and have also gone through the material available on record. 5. It has come in evidence on record that the vehicle was hired by the main accused Kuldeep Singh, and the appellant Jaswant Singh @ Nitu was the driver of the vehicle. The co- accused Kuldeep Singh was sitting on the front seat and was carrying orange coloured bag on his lap. Therefore, the accused Kuldeep Singh was allegedly found in possession of the contraband and not the appellant Jaswant Singh who was driving the taxi and was present on his driving seat at the time when the contraband was allegedly recovered. Hence, prima facie, appellant Jaswant Singh, who was just a driver, cannot be said to have any knowledge that the accused Kuldeep Singh was carrying contraband in the orange coloured bag on his lap. In the absence of any cogent and satisfactory evidence showing that he was in the knowledge and he was abetting the commission of offence by the co-accused Kuldeep Singh in transporting the contraband, whether the recovery of contraband can be considered Neutral Citation No. ( 2025:HHC:11308 ) 4 to be from his conscious possession is a debatable issue to be adjudicated upon in the main appeal. The appellant had already undergone incarceration approximately for a period of one year, six months and fourteen days and in view of the facts and circumstances of the case, he cannot be made to suffer further incarceration during the pendency of the present appeal. It is not disputed that the applicant has clean antecedents, and is thus not likely to commit the same offence whilst on bail. 6. Hence, keeping in view the aforesaid background of the present case, this Court is of the opinion that it is a fit case for bail and suspension of sentence of imprisonment. Therefore, while refraining to make any comment on merits of the case, the substantive sentence imposed upon the applicant/appellant Jaswant Singh @ Nitu by learned Special Judge, Mandi, Division Mandi, H.P., in ND&PS Case No. 87/2023/2018, vide judgment of conviction, dated 28.06.2024, and order of sentence, dated 10.07.2024, shall remain suspended till final disposal of the appeal, however, subject to the applicant’s furnishing personal bond in the sum of Rs.2,00,000/- with two local sureties of District Mandi, each in the like amount to the satisfaction of learned Trial Court and also subject to deposit of fine amount of Rs.1,00,000/-. On furnishing the requisite bail bonds, he be released forthwith, however, with Neutral Citation No. ( 2025:HHC:11308 ) 5 the undertaking to appear before this Court as and when directed and in the event of the dismissal of the appeal, the applicant/appellant will surrender before the Court. 8. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the same has been given only for the purpose of deciding the present application. The application stands disposed of. ( Tarlok Singh Chauhan ) Judge ( Sushil Kukreja ) Judge 25th April, 2025 (virender) Digitally signed by VIRENDER BAHADUR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 3c5f9e29e91dda973d928ffd06d59832d2dd97b9e289 8117bfa738990a0ea7ba, PostalCode=171001, S= Himachal Pradesh, SERIALNUMBER= fed3018c26866cd3d598cb3749b3fb29d4abef4b8498 3689d027cb645c9bb134, CN=VIRENDER BAHADUR Reason: I am the author of this document Location: Date: 2025.04.30 13:34:17+05'30' Foxit PDF Reader Version: 2023.2.0 VIRENDER BAHADUR