Extracted from the PDF above. The PDF is authoritative.
2025:HHC:29201 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1788 of 2025 Reserved On : 20.08.2025 Decided on: 29.08.2025 Harpreet Singh @ Jimmi
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Kulwant Singh Gill, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General. Virender Singh, Judge
( oral
) By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicantHarpreet Singh @ Jimmi has sought his release, on bail, during the
2 2025:HHC:29201 pendency of the trial, arising out of FIR No.126/2024, dated 26.07.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar Solan, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case. 3. As per the applicant, the investigation, in the present case, is completed and he is in judicial custody for almost one year. 4. The relief of bail has been sought on the ground that he has no connection, whatsoever, with the alleged offence, and has falsely been implicated by the police, in this case, without any iota of evidence, against him. 5. The applicant has earlier tried his luck by moving the Cr.MP(M) No. 1200 of 2025, which was dismissed by this Court on 06.06.2025. 6. Apart from this, the applicant has pleaded that four cases have been registered against him and in one of the cases, he has been convicted by the competent Court of
3 2025:HHC:29201 Law. He has given the details of those cases, as under: (i) FIR No. 33/2023, dated 03.04.2023, under Sections 22 and 29 of the ND&PS Act, Police Station Sadar, Rupnagar, Punjab; (ii) FIR No. 327/2022, dated 22.12.2022, under Sections 21 and 29 of ND&PS Act with Police Station Nalagarh, H.P.; (iii) FIR No. 32/2023, dated 30.03.2023, under Section 22 of ND&PS Act, Police Station Sadar, Rupnagar, Punjab; and (iv) FIR No. 124/2024, dated 23.07.2024, under Sections 21 and 29 of ND&PS Act, Police Station Sadar, Solan, H.P.
7.
According to the learned Counsel for the applicant, the applicant has been convicted in case FIR No. 33 of 2023, registered with Police Station Sadar, Rupnagar, Punjab, for the commission of offences, punishable under Sections 22 and 29 of ND&PS Act. 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, 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 bail application. 4 2025:HHC:29201
10. When, put to notice, the police has filed the status report, disclosing therein, that on 26.07.2024, Inspector/SHO has submitted a ruqqa to Police Station for registration of FIR, mentioning therein, that the IO, along with other police officials, in their private vehicle, bearing No.HP14D6100, was on patrolling duty and duty to detect the crime, relating to excise and narcotics. 10.1. It is the case of the police that when, at about 10:30 pm, IO, along with other police party, was present at Chamba Ghat, then, Ct. Dharamendra Kumar No.484, Ct. Bal Krishan No.470 and Ct. Amit No.535, who were in civil dress and were on patrolling duty, met them. At that time, a secret information was received, that on Bawra Road, near HFCL Company, in the ground floor of the house, owned by Dr. Hem Lata Sood, one Nitin and his two friends Sahil and Dixit were present in the rented accommodation and they were doing the business of selling/purchasing chitta/heroin. As per the information, they were having the large quantity of chitta/heroin with them and in case, the said room is raided, then, large quantity of chitta/heroin
5 2025:HHC:29201 could be recovered from there. 10.2 The said information was found to be authentic and reliable and according to the IO, in case of delay, there were chances that the contraband could have been taken away from there and due to the odd hours of the night, it was not possible to obtain search warrants. As such, he has complied with the provisions of Section 42(2) of the NDPS Act and the information, regarding this fact, was submitted to the Superior Officer, Solan.
10.3 It is the further case of the police that thereafter, IO, along with other police officials, has proceeded towards the building of Dr. Hem Lata Sood and on the way, one Abhinav Guleria met them, who was apprised about the secret information and requested to be the part of raiding party, as independent witness, who has given his consent. Thereafter, the IO, along with other police officials, and independent witness Abhinav Guleria, raided the double storeyed house of Dr. Hem Lata Sood. In the ground floor, the last room was knocked, upon which, one person had opened the same, who disclosed his name as Nitin Kumar,
6 2025:HHC:29201 S/o Sant Ram Thakur, R/o Village Chorantu, Tehsil Arki, District Solan, H.P. (tenant) and two other persons were found there, who disclosed their names as Dixit Sharma and Sahil. 10.4 As per the further case of the police, thereafter, IO gave his identification and also apprised them about the factum of secret information. Thereafter, the room was searched. During search, a transparent plastic pouch, containing brown coloured granule shaped substance was found. On checking on the drug detection kit, the same was found to be chitta/heroin, which, on weighing, was found to be 5.94 gms. The said contraband, as well as, other articles like foil paper, lighter, lid and currency notes, were taken into possession. Other codal formalities were completed. 10.5 Thereafter, FIR in question was registered and above three accused persons were arrested.
10.6 During the investigation, involvement of Harpreet Singh @Jimmi (applicant) was found, as, accused Nitin Kumar and Sahil disclosed that they had transferred the amount in the account of Harpreet Singh @Jimmi
7 2025:HHC:29201 (applicant), by way of Google Pay application and Harpreet Singh @Jimmi (applicant) came at Kharar to deliver 6 gms of chitta for a sum of Rs.18,000/ in Alto car and after purchasing the same, they came back to Solan and at 10:00 pm, reached their room after having dinner. 10.7 During the investigation, it has also been disclosed that accused Nitin Kumar used to contact the accused, in FIR No.124/2024, dated 23.07.2024, under Sections 21 and 29 of NDPS Act, with Police Station Sadar, Solan, namely Harpreet Singh @Jimmi (applicant), through his mobile phone and for the last one month, in order to purchase chitta, he used to contact him. Accused Nitin Kumar has also transferred a sum of Rs.13,800/ in the account of Harpreet Singh @Jimmi (applicant) on 13.07.2024, Rs.4,500/ on 20.07.2024 and Rs.2,500/ on
22.07.2024. 10.8 It is the further case of the police that thereafter, on 25.07.2024, amount of Rs.15,500/ was paid in cash. Subsequently, their bank transactions and CDRs were obtained and custody of Harpreet Singh @Jimmi (applicant),
8 2025:HHC:29201 who was in judicial custody in FIR No.124/2024, dated 23.07.2024, registered under Sections 21 and 29 of NDPS Act, with Police Station Sadar, Solan, was transferred, in this case. Thereafter, the report from SFSL, Junga, was received, regarding the contraband, which was sent to the laboratory. 10.9 As per status report, the cases as detailed by the applicant, in the bail application and reproduced above, are found to have been registered against Harpreet Singh @Jimmi (applicant). 10.10 After completion of the investigation, the police has filed the chargesheet against the accused persons, in the competent Court of law on 27.09.2024 and case is now listed for 12.09.2025, for consideration on charge. 11.
On the basis of above facts, a prayer has been made to dismiss the bail application. 12. As per the order passed by this Court on 06.06.2025 in Cr. MP(M) No. 1200 of 2025, the bail application filed by the applicant has been dismissed, mainly on the ground that he has been convicted in case
9 2025:HHC:29201 FIR No. 33/2023, registered with Police Station Sadar, Rupnagar, under the provisions of ND&PS Act. 13. The contraband, allegedly recovered, in the present case, does not fall in the definition of ‘commercial quantity’, as such rigors of Section 37 of ND&PS Act are not applicable in the present case. 14. In such situation, the material question, which arises before this Court is whether on account of the conviction in FIR No. 33 of 2023, relief, for which, the bail application has been filed, is liable to be rejected. Keeping in view the period of detention, which is more than a year, as he has been arrested in this case on 31.07.2024, now, his judicial custody would be nothing, but pretrial punishment, as till date, the learned trial Court could not frame the charges against the applicant and now the case is listed for consideration on charge. Hence, the applicant cannot be kept in judicial custody, for indefinite period, on the basis of his earlier conviction. 15. Moreover, it can easily be held that chances of trial to be concluded in near future are not so bright. 10 2025:HHC:29201
16. Considering these facts, this Court is satisfied about the fact that from the date of dismissal of earlier bail application on 06th June, 2025, there is a change in circumstances, as, even charge has not been framed against the applicant, so far. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18.
Consequently, the applicant is ordered to be released, on bail, in case FIR No. 126/2024, dated 26.07.2024, registered under Sections 21 and 29 of the NDPS Act, with Police Station Sadar, District Solan, H.P., on his furnishing personal bonds in the sum of Rs.1,00,000/, with two sureties of the like amount each, to the satisfaction of the learned trial Court. 19. This order, however, shall be subject to the following conditions: a) The 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;
11 2025:HHC:29201 b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court. 20. Any of the observations, made hereinabove, 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. 21. It is made clear that respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Solan, Himachal Pradesh, through email, with a direction to enter the date of grant of bail in the eprison software. 23.
In case, the applicant is not released within a period of seven days from the date of grant of bail, the
12 2025:HHC:29201 Superintendent of Jail, District Jail, Solan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, District Jail, Solan, Himachal Pradesh, 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 29 August, 2025 (Pramod Kumar) RAJNI Digitally signed by RAJNI Date: 2025.08.29 14:09:49 +0530