1 2025:HHC:28740 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1912 of 2025 Reserved on : 19.8.2025 Decided on : 26.8.2025 Rakesh Kumar …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Atul Kumar, Advocate. For the Respondent : Mr. Tejasvi Sharma, Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, assisted by ASI Mahinder Singh, Police Station, Dharamshala, District Kangra, H.P. Virender Singh, Judge Applicant Rakesh Kumar 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, arising out of FIR No. 18 of 2 2025:HHC:28740 2025 dated 24.1.2025, registered under Sections 21,25 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 that he is innocent person and has falsely been implicated, in this case, as, he has no concern, whatsoever, with the crime in question. 3. It is the further case of the applicant that there is no substantive evidence to connect him with the crime in question and he has no concern whatsoever with the co-accused and recovery of contraband, as, the same has not been recovered from his possession. 4. According to the applicant, investigation, in the present case, is completed and nothing is to be recovered from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police. 3 2025:HHC:28740 5. According to the applicant, he has tried his luck by moving similar bail application, before the learned Special Judge, Dharamshala, District Kangra, H.P., however, the same was dismissed on 3.6.2025. 6. According to the applicant, except the present case, one another case, bearing FIR No. 17 of 2025 has been registered against him, under Sections 21,25 and 29 of NDPS Act and Sections 132, 121(1) of BNS, with Police Station, Dharamshala, District Kangra, H.P. 7. 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, during the pendency of the trial. 8. On these submissions, a prayer has been made to allow the bail application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 24.1.2025, ASI Chaman Lal, alongwith other police officials, in 4 2025:HHC:28740 their private vehicle, were going towards Highland Hotel, Norwuligan, in order to search for the vehicle (while coloured Glenza) belonging to chitta smuggler “Langra”, in connection with FIR No. 17 of 2025, dated 22.1.2025, under Sections 21,25 and 29 of the NDPS Act and Sections 132 and 121 of BNS. When, at about 1:20 p.m., the Police party reached near Aghanjar Mahadev temple, near cremation ground, they noticed vehicle No. PN01D-8414 white coloured Glenza. ASI Vijay Singh stopped his vehicle behind the said vehicle. When, the Police party reached near him, the driver of the said car started the same to take away his car from there, but due to narrow road, the vehicle had stuck against the parapet. Thereafter, ASI Chaman Lal overpowered the driver. 9.1 In the meanwhile, from Aghanjar Mahadev temple side, two persons were found coming, who, on inquiry, disclosed their names as Manu Kumar and Suresh Kumar. The I.O. apprised them about the factual position and associated them in the 5 2025:HHC:28740 investigation of the case. In the presence of these persons, the driver of vehicle No. PB01D-8414 was inquired, who, on inquiry, disclosed his name as Rakesh Kumar (applicant) and the person, who was lying down on the rear seat, has disclosed his name as Maninder Singh, S/o Surjeet Singh. Maninder Singh was found to be handicapped and unable to walk. 9.2 Thereafter, ASI Chaman Lal gave his personal search to driver Rakesh Kumar (applicant). In the presence of applicant Rakesh Kumar and Maninder Singh, vehicle was searched. From the backside of the conductor seat, a transparent cardboard box, sealed with cello tape was found. On opening the same, it was found containing a granuler shaped brownish/whitish substance. On the basis of experience and smell, the same was found to be chitta/heroin. 9.3 Other codal formalities were completed. Ruqua was sent to register the FIR. Applicant Rakesh 6 2025:HHC:28740 Kumar and co-accused Maninder Singh were arrested. The contraband, so recovered, was produced before the Incharge, Police Station, Dharamshala. 9.4 Thereafter, the inventory proceedings were got conducted by producing the same before the Court of learned CJM, Dharamshala. Thereafter, the contraband was sent to Laboratory. Positive report from the SFSL, Junga has been received. After completion of investigation, charge sheet has been filed and the case is now listed on 4.9.2025. 9.5 On the basis of above facts, a prayer has been made to dismiss the application. 10. 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 to the facts of the present case. 11. The accused is presumed to be innocent, unless proven guilty, as registration of other case is 7 2025:HHC:28740 too short to take away the presumption of innocence, which is still available to the applicant, as he has not been convicted by the competent Court of law. 12. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 13. Moreover, the chances of commencement and conclusion of trial, against the applicant, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 14. Merely the ground that the applicant is resident of the adjoining state, is not sufficient to decline the relief of bail to the applicant, as in order to secure his presence, during trial, stringent 8 2025:HHC:28740 conditions can be imposed upon him, in case, he is released on bail. 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. 18 of 2025 dated 24.1.2025, registered under Sections 21, 25 and 29 of the NDPS Act, with Police Station, Dharamshala, District Kangra, 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. 17. 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 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 9 2025:HHC:28740 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. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Dharamshala Jail, 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 Dharamshala Jail is directed to inform this fact to the Secretary, DLSA, Kangra. 10 2025:HHC:28740 The Superintendent of Dharamshala Jail 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 26, 2025 Kalpana RAJNI Digitally signed by RAJNI Date: 2025.08.26 14:46:03 +0530