1 2025:HHC:26702 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1762 of 2025 Reserved on : 5.8.2025 Decided on : 8.8.2025 Ravi Kant …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Ajay Kochhar, Senior Advocate with Mr. Umesh Kanwar, Advocate. For the Respondent : Ms. Ranjna Patial, Dy. Advocate General. Virender Singh, Judge Applicant Ravi Kant has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 42 of 2025, 2 2025:HHC:26702 dated 7.3.2025, registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Dharamshala, District Kangra, H.P. 2. The applicant has pleaded the fact that he is an innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. The applicant has tried his luck by moving similar application, before the learned Special Judge- III, Kangra at Dharamshala, H.P., however, the same was dismissed on 8.5.2025. Thereafter, he has again tried his luck by moving similar application, before the learned Special Judge-III, Kangra at Dharamshala, H.P. 4. Highlighting the order passed by learned Special Judge-III, Kangra at Dharamshala, H.P., it has been pleaded that his bail application was dismissed by observing that there are five cases of 3 2025:HHC:26702 similar nature, pending against the applicant. As such, it has been held that the applicant is not having clear antecedents, whereas, according to the applicant, only one case has been registered, against him, under the provisions of NDPS Act. 5. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail. 6. On these submissions, a prayer has been made to allow the bail application. 7.1. When put to notice, the police has filed the status report, disclosing therein, that on 7.3.2025, S.I. Yogesh Kumar, I.O., Police Station, Kangra has submitted a ruqua, disclosing therein, that on 7.3.2025, he alongwith other police officials, was present at Yol Cantt., in connection with investigation of FIR No. 35 of 2025, dated 7.3.2025, 4 2025:HHC:26702 registered under Sections 22-61-85 of NDPS Act, with Police Station, Kangra, H.P. 7.2 There, the I.O. received a secret information that the accused of the said case, namely Rohit has kept large quantity of psychotropic substance, in his residential house, and in case, immediate search of the said residential house is conducted, then, a large quantity of contraband, could be recovered. The said information was found to be authentic and reliable. 7.3 It is the further case of the Police that thereafter, I.O. complied with the provisions of Section 42(2) of the NDPS Act for conducting the search of house of Ravi Kant Nasa (sic.) by submitting the report to SDPO, Dharamshala. Thereafter, one Gurdayal from Yol market was associated in the investigation, as independent witness. 7.4 Thereafter, the Police team reached at the house of Rohit. Father of accused Rohit was found present there, to whom, raiding party gave its 5 2025:HHC:26702 identification. Father of Rohit Kumar, namely Ashok Kumar, was requested to search the raiding party, but, he has refused to do so and gave the consent to search his residential house. 7.5 As per the further stand of the Police, house of Rohit was searched in the presence of Gurdayal Singh. During search, 283 tablets of Tramadol were found, which were taken into possession. Thereafter, ruqua was prepared and the same was submitted to the Police for registration of the FIR, under Sections 22 and 29 of the NDPS Act, against accused Rohit, S/o Ashok Kumar. 7.6 As per the prosecution story, on 11.3.2025, production warrant of accused Rohit was obtained from JMFC-I, Dharamshala and his custody was transferred, in this case. On 15.3.2025, inventory proceedings were got conducted by producing the contraband, before the learned CJM, Dharamshala, District Kangra, H.P. 6 2025:HHC:26702 7.7. On 5.4.2025, positive report from the Forensic Science Laboratory was received. CDRs of accused Rohit were obtained and it was found that accused Rohit was having frequent conversations with Ravi Kant Nasa (applicant). On the basis of analysis of CDRs of sim No. 97361-52088, belonging to accused Rohit, involvement of Ravi Kant (applicant) was found. 7.8 As per the further stand of the Police, online transaction is stated to have been made by accused Rohit from his account No. 543046245777, on 5.3.2025, and it was found that a sum of Rs. 200/- was transferred through U.P.I. mode. 7.9 Accused Rohit allegedly disclosed, during investigation, that he had purchased the recovered tablets by making a payment of Rs. 37,000 (in cash) and a sum of Rs. 200/- through U.P.I. mode to Ravi Medical Store. This fact, according to the Police, has also been confirmed from the statement of account of accused Rohit, according to which, accused Rohit 7 2025:HHC:26702 has made payment of Rs. 200/- on 5.3.2025, in the account of Ravi Kant (applicant), owner of Ravi Medical Store. 7.10. On 29.3.2025, Ravi Kant (applicant) was arrested. His medical store, which he was running, under the name and style ‘Medical Store Ravi Medicos’, was inspected by Drug Inspector and when psychotropic substance, without license, was found, the shop was ordered to be closed. 7.11 On 4.4.2025, the applicant was produced before the learned JMFC, Dharamshala, from where, he was remanded to the Police custody, till 7.4.2025. 7.12 The applicant is now stated to be in judicial custody. Charge sheet is stated to have been filed against him, in the Court of learned Addl. Sessions Judge-II, Dharamshala, District Kangra, H.P., and the case is now stated to be listed for prosecution evidence, on 20.8.2025. 8 On the basis of above facts, a prayer has been made to dismiss the bail application. 8 2025:HHC:26702 9. The contraband, allegedly recovered in the present case is, 283 capsules of Tramadol, and as per the report of the FSL, total weight of the tablets was found to be 193.855 grams. Thus, the same falls within the definition of ‘non-commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 10. The applicant is presently lodged in judicial custody and Police has submitted the charge-sheet against him. Meaning thereby, his custodial interrogation is no longer required by the Police. 11. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted, after full fledged trial. Pre-trial punishment is prohibited under the law, as such, accused is presumed to be innocent, unless proven guilty. 12. As per the status report, no other case has been registered against the applicant. 13. Merely for the reason that the applicant is resident of Delhi, the relief, for which, he is otherwise 9 2025:HHC:26702 entitled for, cannot be declined to him, as for that purpose, reasonable conditions can be imposed, upon him. 14. Even otherwise, involvement of the applicant is stated to be on the basis of alleged disclosure statement, made by accused Rohit, from whose premises, the alleged contraband was recovered. The impact of CDRs, as well as, transaction of Rs. 200/- through UPI mode, as highly relied upon by the prosecution, would be seen during trial. 15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail in case FIR No. 42 of 2025, dated 7.3.2025, registered under Sections 22 and 29 of the NDPS Act, with Police Station, Dharamshala, District Kangra, H.P. on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties in the like amount, to the satisfaction of learned trial Court. 10 2025:HHC:26702 17. This order, however, shall be subject to the following conditions:- a) Applicant shall make himself available for the purpose of interrogation, if so required and 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 d) Applicant shall not leave the territory of India without the prior permission of the Court. 18. 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. 19. 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 to be violated by the applicant. 11 2025:HHC:26702 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Lala Lajpat Rai District & Air Correctional Home Dharamshala, Distt. Kangra, H.P., through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Lala Lajpat Rai District & Air Correctional Home Dharamshala, is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of the Lala Lajpat Rai District & Air Correctional Home Dharamshala, 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 8.8.2025 Kalpana RAJNI Digitally signed by RAJNI Date: 2025.08.08 11:36:10 +0530 12 2025:HHC:26702