1 2025:HHC:27301 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1777 of 2025 Reserved on: 1.8.2025 Decided on: 13.8.2025 Sumit … Applicant Versus State of H.P. …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. T.K. Verma, Advocate. For the Respondent : Mr. H.S. Rawat, Addl. A.G., assisted by HC Anil No. 225, Police Station, Theog, District Shimla, H.P. Virender Singh, Judge Applicant Sumit has filed the present application, under Section 483 of Bharatiya 2 2025:HHC:27301 Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 177 of 2023, dated 22.11.2023, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS’) with Police Station, Theog, District Shimla, H.P. 2. It has been pleaded by the applicant that the contraband, allegedly recovered in this case, is 179.98 grams, which is intermediate quantity, as such, rigors of Section 37 of the NDPS Act are not applicable in this case. 3. According to the applicant, he has falsely been implicated, in this case. 4. It is the further case of the applicant that he is having deep roots in the society, and except the present case, no other case has been registered against him. 3 2025:HHC:27301 5. The relief of bail has been sought on the ground that his co-accused has already been enlarged on bail, by this Court, vide order dated 21.2.2024. 6. The applicant had tried his luck by moving similar bail applications, before the learned trial Court, which were dismissed, vide orders, dated 18.3.2024, and 5.9.2024. Thereafter, the applicant has approached this Court, by way of Cr. MP(M) No. 2401 of 2024, however, the same has been dismissed as withdrawn, on 12.11.2024. Thereafter, the applicant has again tried his luck by moving another application, bearing Cr.MP(M) No. 556 of 2025, however, the same has again been dismissed, on 26.3.2025. 7. On the basis of above facts, Mr. T.K. Verma, Advocate, appearing for the applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail. 4 2025:HHC:27301 8. When, put to notice, Police has filed the status report, disclosing therein that on 21.11.2023, ASI Narender Kumar, Incharge, Police Chowki, Fagu, received a secret information on his mobile phone, at about 11:45 p.m. As per the information, a vehicle bearing No.HR-04K-0225, being driven by its driver, was moving from Kufri side. There were stated to be three occupants in the said car, who were having large quantity of narcotic substance, in their possession. The said information was found to be authentic and reliable. 8.1 It is the further case of the Police that according to the I.O., the Court complex was at a considerable distance, as such, it was not possible for him to obtain search warrant, and in case, any efforts were made in this regard, in that eventuality, the contraband could have been removed from the vehicle, upon which, he has complied with the provisions of Section 42(2) of the 5 2025:HHC:27301 NDPS Act, and submitted the same to the SDPO Theog, through Constable Amit. Thereafter, I.O. alongwith other police officials had put picketing at main chowk, Fagu, at about 12:05 a.m. 8.2 In the meanwhile, vehicle No.HP-09C-4077, being driven by its driver, reached at the place of picketing. Apart from the driver, another person was also found sitting in the car. On inquiry, the driver of the vehicle disclosed his name as Parth, S/o Rajinder Singh, Vill Gallu, P.O. Phagu, Tehsil Theog, District Shimla, H.P., and the other person disclosed his name as Naresh Kumar. Both of them were apprised about the secret information and associated them in the raiding party, as independent witnesses. 8.3 At about 12:30 a.m., vehicle bearing No. HR-04K-0225, being driven by its driver, reached at the spot from Kufri side. The I.O., with the help of other police officials, had stopped the vehicle. Apart 6 2025:HHC:27301 from the driver, two other persons were found travelling in the car. In the presence of independent witnesses Parth and Naresh Kumar, names and addresses of those persons were inquired. On inquiry, the driver of the vehicle disclosed his name as Rajesh Saini, S/o Sh. Phool Singh, R/o Village Dhakola, P.O.Saha, Tehsil Barada, District Ambala, Haryana, whereas, the person sitting by the side of the driver seat disclosed his name as Vijay, S/o Salig Ram, R/o Jhuggi Basti Colony Babiyal, Haryana. The other person, sitting in the car, has disclosed his name as Sumit (applicant), S/o Subhash Chand, R/o H.No. 04, Vashishtnagar, Ward No. 13, Baniyal Road, Ambala Cantt. 8.4 After complying with the other codal formalities, the vehicle was searched. During search, chitta/heroin was found to be concealed underneath the footmat. On weighment, the said chitta was found to be 179.98 grams. Other codal 7 2025:HHC:27301 formalities were completed. After registration of the FIR, all the aforesaid three persons were arrested, in this case. 8.5 Thereafter, the aforesaid persons were stated to be produced before the competent Court of law, from where, they were remanded to Police custody. 8.6 During investigation, co-accused Vijay disclosed that he is supplying chitta/heroin to the smugglers of Rohru area. He used to contact them though whatsapp call. Accused Vijay disclosed that vehicle No. HR-04K-0225, in which, he was found travelling on 25.11.2023, was purchased by him from applicant Sumit. However, the Registration Certificate of the same is still stated to be in the name of applicant Sumit. The vehicle in question was stated to be purchased by accused Vijay, on installments. 8 2025:HHC:27301 8.7 It is the further case of the Police that accused Vijay had disclosed that he has been arrested for allegedly possessing 80 grams heroin and remained in custody in Central Jail, Ambala. Apart from this, a case under Section 307 IPC is also stated to have been registered against him. It has also been disclosed by accused Vijay that on 18.11.2023, he alongwith applicant Sumit had gone to Delhi, where, they had negotiated with one African national, where two persons came on a Scooty and handed over the contraband to them. 8.8 It is the further case of the police that during investigation, statements of accounts of accused Vijay and applicant Sumit were obtained. 8.9. It is the further case of the Police that accused Vijay is the main kingpin of the gang, who is supplying chitta/heroin, in the area. Accused Vijay, in connivance with his companion Sumit 9 2025:HHC:27301 Passi (applicant), is getting online payment, in the bank account of Sumit Passi (applicant). 8.9 As per the status report, Sonu Bhotka has deposited a sum of Rs. 32,500/-, in the bank account of applicant Sumit Passi, whereas, accused Vishal Sharma, accused Shivangi, Rakesh Vekta, Vikesh Kumar, and Yashwant Singh Thakur, had deposited a sum of Rs. 26,000/-, Rs. 3200/-, 34,500/-, Rs. 99,000/- and Rs. 2,40,000/-, in the bank account of applicant Sumit Passi and total amount of Rs. 5,72,000/- is found to have been deposited through online payment. Thereafter, applicant Sumit Passi has withdrawn the aforesaid amount through ATM and handed over the same to accused Vijay Bihari. Applicant Sumit Passi had transferred a sum of Rs.4,87,260/-, in the bank account of Vijay Bihari, whereas, an amount of Rs. 5,05,000/- was withdrawn through ATM. 10 2025:HHC:27301 8.10. Accused Vijay Bihari is stated to be running an interstate drug racket. 8.11. In the status report, it has been submitted that the case is now listed before the learned trial Court, i.e. learned Additional Sessions Judge, Rohru, Camp at Theog, for 16.4.2025, for recording the statements of PW-9 to PW-14. However, due to the fact that Presiding Officer was on leave, those witnesses could not be examined. The case is now stated to be listed on 11.8.2025 for presence of the accused persons. 8.12 Lastly, it has been submitted by the Police that in case the applicant is released on bail, he alongwith his companions, may again indulge in same activities and coerce the witnesses. 8.13 On the basis of above facts, a prayer has been made to dismiss the application. 9. As referred above, the bail application of the applicant was dismissed by this Court on 11 2025:HHC:27301 26.3.2025, mainly on the ground that apprehensions with regard to re-indulgence of the applicant, in the same crime, cannot be ruled out, on the basis of facts and circumstances of the case in hand. 10. Now, the material question, which arises for determination before this Court is, whether there is any change in circumstances? 11. When, the earlier bail application was dismissed by this Court on 26.3.2025, a stand had been taken by the Police that the case was listed for recording the statements of PW-9 to PW-14, on 16.4.2025, however, due to the fact that the Presiding Officer was on leave on that date, those witnesses have not been examined. Meaning thereby, delay in trial is not attributed to the applicant. The applicant has been arrested, in this case, on 22.11.2023, and despite his custody, 12 2025:HHC:27301 which comes to about one year and eight months, trial against him, has yet not been concluded. 12. In such situation, chances of conclusion of trial, against the applicant, in near future, are not so bright and right of speedy trial has been held to be fundamental right. This right assumes significance in view of the fact that contraband, involved in the present case, does not fall within the definition of commercial quantity, as such, accused is presumed to be innocent till the conclusion of trial and bail application cannot be rejected, as a matter of punishment. 13. At the cost of repetition, when the delay in trial has not been attributed to the applicant, then, period of almost six months, from the dismissal of earlier bail application, till date, is change in circumstances, as during interregnum, prosecution could not examine a single witness. As 13 2025:HHC:27301 such, in the considered opinion of this Court, the applicant is able to make out a case in his favour. 14. In this view of matter, the bail application is liable to be allowed and is accordingly allowed. 15. Consequently, the applicant is ordered to be released on bail in case FIR No. 177 of 2023, dated 22.11.2023, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Theog, District Shimla, H.P. on his furnishing personal bond in the sum of Rs. 1,00,000/-, with two sureties, in the like amount, to the satisfaction of the learned trial Court. 16. This order, 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 the 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 14 2025:HHC:27301 d) Applicant shall not leave the territory of India without the prior permission of the Court. 17. 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. 18. It is made clear that the respondent-State 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 District Jail, Kaithu, Shimla, H.P., through e-mail, with a direction to enter the date of grant of bail in the e-prison 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 District Jail, Kaithu, Shimla, H.P. is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the District Jail, Kaithu, Shimla, H.P. is further directed that if the 15 2025:HHC:27301 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 13.8.2025 Kalpana RAJNI Digitally signed by RAJNI Date: 2025.08.13 12:53:26 +0530