Extracted from the PDF above. The PDF is authoritative.
2025:HHC:26703 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 1750 of 2025 Reserved on : 04th August, 2025 Decided on : 08th August, 2025 Rakesh 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. Arun Kumar, Advocate vice Mr. Sanjeev Kumar Suri, 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 ApplicantRakesh 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.8 of 2025, dated 21.01.2025, registered, under Sections 21 and 8(C) of the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:26703 Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Gagret, District Una, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested by the Police, in this case, on 21.01.2025 and presently the applicant is in judicial custody. 3. All these facts have been pleaded to demonstrate that no useful purpose would be served by keeping the applicant in the judicial custody. 4. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special Judge1, Una, however, his application has been dismissed on 24.02.2025. Thereafter, he has filed similar application before this Court, bearing Cr.MP(M) No. 976 of 2025, which was dismissed as withdrawn on 09.05.2025. 5. The application has further pleaded that apart from the present case, the following four cases have been registered against him: i) FIR No.68/2023, under Section 21 of the NDPS Act, Police Station Amb;
3 2025:HHC:26703 ii) FIR No.135/2022, under Section 21 of the NDPS Act, Police Station Amb; iii) FIR No.120/20, under Section 21 of the NDPS Act, Police Station Amb; and iv) FIR No.101/06, under Sections 451, 323, 504, 506 and 34 of IPC. 6.
The contraband allegedly recovered in the present case, according to 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 the present case. 7. The applicant has further pleaded that he is sole bread earner of his family, having minor children and old ailing parents to look after. 8. Apart from this, Mr. Arun Kumar, Advocate, appearing vice Mr. Sanjeev Kumar Suri, Advocate, 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. 9. On the basis of the above facts, a prayer has been made to allow the application. 4 2025:HHC:26703
10. When put to notice, the police has filed the status report, disclosing therein, that on 21.01.2025, ASI Trilochan Singh, along with other Police officials, had left the Police Station, in vehicle No.HP36B6277, for patrolling duty and duty to detect the crime relating to excise, narcotic substances, illegal mining and forest wealth violation. 10.1. At about 06.20 p.m., when the police party was present at Gagret to old Amb road, near Sawa Foundation Kaloh Beli, then, the I.O. received a secret information regarding the fact that one person, on Grey coloured Scooty TVS Jupiter, is coming from old Amb road towards Amb and he is in the business of purchasing Chitta/Heroin and he has purchased Chitta from Hoshiarpur. 10.2. As per the information, in case, the said Scooty is searched, large quantity of Heroin/Chitta, could be recovered. The said information was found to be authentic and reliable. According to the I.O., in case, he obtains search warrants, then, in case of delay, the said Scooty driver may flee away from the spot and the contraband,
5 2025:HHC:26703 could not be recovered from his vehicle.
As such, information under Section 42(2) of the NDPS Act, was prepared and submitted to the supervisory officer. 10.3. Thereafter, picketing was done on that place and they had started checking the vehicles crossing from that place. Meanwhile, from Amb side, one person came there on his scooty. He was signalled to stop by ASI Trilochan Singh and his antecedents were ascertained, who, on inquiry, disclosed his name as Munish Kumar. He was apprised about the secret information and requested to be the independent witness by the I.O., upon which, he has given his consent to be the independent witness. 10.4. It is the further case of the police that at about 6.40 p.m., as per the secret information, from Gagret side, a person on a Grey coloured Scooty, without having any registration number affixed on it, make TVS Jupiter came there. ASI Trilochan Singh, signalled to stop the same, upon which, the Scooty driver has stopped the same on the right side of the road. Thereafter, in the presence of the independent witnesses, his name was ascertained, who, on inquiry, disclosed his name as Rakesh Kumar (applicant). 6 2025:HHC:26703 The I.O. apprised him about the secret information, which he has received and apprised the applicant that the searched of the Scooty is required. 10.5. Thereafter, the police party, as well as, the independent witness have given their personal search to the applicant. During their search, nothing incriminating was found. Thereafter, the scooty was searched. Underneath the seat cover of said scooty, a transparent polythene ziplock packet was found, containing brown/ white coloured granular shaped substance, which, on checking and on the basis of experience, was found to be Chitta/Heroin and on weighment, the said Chitta was found to be 9.56 grams. 11. After completion of the codal formalities, the FIR was registered and the accused was arrested. 12. As per the further stand of the Police, the contraband, so recovered, was sent to SFSL Junga from where positive report has been received. 13.
Apart from this the police has given the details of the following cases, which are found to be registered against the applicant :
7 2025:HHC:26703 i) FIR No.68/23, dated 11.05.2023, registered under Section 21 of the NDPS Act, with Police Station Amb, District Una, for alleged recovery of 16.48 grams of Chitta/Heroin; ii) FIR No.135/22, dated 18.08.2022, registered under Section 21 of the NDPS Act, with Police Station Amb, District Una, for alleged recovery of 2.48 grams of Chitta/Heroin; iii) FIR No.120/20, dated 01.08.2020, registered under Section 21 of the NDPS Act, with Police Station Amb, District Una, for alleged recovery of 1.75 grams of Chitta/Heroin; and iv) FIR No.101/06, dated 08.06.2006, registered under Sections 451, 323, 504, 506 read with Section 34 of the IPC, with Police Station Amb, District Una, H.P.
14. The chargesheet in the case is stated to have been filed in the competent Court of law and the case is now listed for 27.8.2025, for consideration on charge. 15. On the basis of the criminal antecedents, as mentioned in the application as well as, highlighted in the status report, a prayer has been made to dismiss the application. 16. Admittedly, 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 the present case. 8 2025:HHC:26703
17. The investigation, in the present case, is complete, as such, from this fact, it can be said that the custodial interrogation of the applicant is no longer required by the Police. 18. 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. 19. The chances of commencement and conclusion of the trial, against the applicant, in near future, are not so bright, as the competent Court of law, where the police has filed the final report, has not framed the charges against the applicant. The case is now listed on 27.08.2025, for
consideration on charge. From this fact, one conclusion can be drawn, without any legal hesitation that the chances of commencement and conclusion of the trial against the applicant, are not so bright.
20. Applicant in the present case was arrested on
21.1.2025. Almost, for about seven months, the applicant is in judicial custody.
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21. Out of the four cases, which have been registered against the applicant, three cases, have been registered under the NDPS Act. In any of the case, the applicant has not been convicted by the competent Court of law. A person is presumed to be innocent until proven guilty, after the trial.
22. 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 three 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.8 of 2025, dated 21.01.2025, registered, under Section 21 and 8(c) of the NDPS Act, with Police Station, Gagret, District Una, H.P., on his furnishing
10 2025:HHC:26703 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;
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.
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27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Una at Bangarh, 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, Una at Bangarh, is
directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of Jail, District Jail, Una at Bangarh, 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 13:10:07 +0530