1.  ( 2025:HHC:27074 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1849 of 2025 Reserved on:- 07.08.2025 Date of Decision: 12.08.2025 Jeet Ram …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Manoj Pathak, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. Mohinder Zharaick, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General, assisted by HC Avinash Bhatia, No.23, Police Station, Haripur, Police District Dehra, H.P. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Jeet Ram has sought his release, on bail, during the pendency of the trial, in case arising out of FIR No.54 of 2025, dated 11.07.2025 registered under Sections 15, 20 & 29 of the Narcotic Drugs & 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:27074 ) Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Haripur, District Kangra, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in this case. He has termed the case of the prosecution, as highly improbable and doubtful. 3. The contraband, allegedly recovered from the possession of the applicant is stated to be intermediate quantity. As such, according to the applicant, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 4. The applicant has also pleaded that except from the present case, three more FIRs have been registered against him. Particulars of the said FIRs have been mentioned, in the bail application and are being reproduced, as under:- (i) FIR No.98/2018, registered under Section 18 of NDPS Act, with Police Station Theog, in which, he has been acquitted by the learned Additional Sessions Judge-II, Shimla. (ii) FIR No.112/2020, registered under Section 18 of NDPS Act, (iii) FIR No.13/2025, registered with Police Station Theog, which are pending for its adjudication. 5. Apart from this, Mr. Manoj Pathak, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide 3. ( 2025:HHC:27074 ) by, in case, ordered to be released on bail, during the pendency of the trial. 6. On the basis of the above facts, a prayer has been made to allow the application. 7. When, put to notice, the police had filed the status report, disclosing therein, that on 10.07.2025, HC Avinash Bhatia, No.23, along with other police officials, under the leadership of ASI Chaman Lal, was on patrolling and traffic checking duty to detect crime relating to excise and narcotics. At about 11.40 PM, when, HC Avinash Bhatia, along with other police officials was present at Bankhandi to Baglamukhi road at Naushera Chowk, then, he noticed a Car (i-20), bearing Registration No.HP09B-6002, being driven by its driver. 7.1. The said vehicle was signalled to stop for checking, however, the driver, instead of stopping the said vehicle, drove the same at a high speed, towards Naushera Chowk. He was intercepted and the vehicle was made to stop. The driver was inquired about the reason for driving the vehicle, so fast and fleeing away from the spot. He could not give any satisfactory answer and got perplexed. 7.2. Thereafter, the requisite papers and license were demanded, upon which, he again got perplexed and tried to 4. ( 2025:HHC:27074 ) evade the said direction, as such, IO developed a suspicion in his mind that the vehicle might be containing some suspected item or narcotics substance. 7.3. The driver, who came there in the vehicle, bearing Registration No.HP36C-1901, was stopped and the name of the driver was inquired, who disclosed his name, as Vijay Kumar, Pradhan, Gram Panchayat, Bankhandi and another person disclosed his name, as Raman Kumar. In their presence, the name and address of the driver of vehicle No.HP0B-6002, were inquired, 7.4. On inquiry, he disclosed his name, as Jeet Ram son of Diwan Singh (applicant) and the other person sitting besides the driver seat, disclosed his name as Raman Singh son of Baldev Singh, District Hamirpur. In the presence of the witnesses, vehicle was searched. During search, in the dash board, two white envelopes were found. When, they were checked, one envelope was found containing brown coloured powered substance and the other envelope found containing stick shaped black coloured substance. 7.5. On the basis of experience and smelling, one envelope was found containing poppy husk and the another was found containing Charas. On weighment, the poppy husk 5. ( 2025:HHC:27074 ) was found to be 197 grams and Charas was found to be 147 grams. Both the contrabands were taken into possession. 7.6. Other codal formalities were completed. Ruka was prepared, on which, FIR in question has been registered. 7.7. On the basis of the above facts, both the accused persons were arrested. Thereafter, the case property was produced before the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, HP., where, the proceedings under Section 52A of NDPS Act, was got conducted. 7.8. The accused persons are presently stated to be in judicial custody. The report of SFSL is still awaited. 7.9. It is the further case of the police that two more cases were found to be registered against the applicant, particulars, which have been mentioned in the status report and are reproduced as under:- (i) FIR No.98/2018, dated 29.05.2018, registered under Section 18 of NDPS Act, with Police Station, Theog, in which he has been acquitted. (ii) FIR No.112 of 2020, dated 23.07.2020, registered under Section 18 and 21 of NDPS Act, with Police Station, Theog, which is still pending adjudication. 6. ( 2025:HHC:27074 ) 7.10. Lastly, it has been apprehended that due to the crime, committed by the applicant, there is lot of resentment in the society and case is still under investigation. 8. On the basis of the above facts, a prayer has been made to dismiss the application. 9. The contraband, allegedly recovered from the possession of 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. 10. The applicant is in judicial custody and the police has taken a stand that investigation is still going on, but, the status report is totally silent about the fact, as what is to be inquired/investigated from the applicant. 11. Chances of commencement and conclusion of trial, against the applicant, are not so bright, in near future, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 12. Moreover, bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited, under the law. 7. ( 2025:HHC:27074 ) 13. The applicant is permanent resident of District Kangra, as such, it cannot be apprehended that he may not be available for trial, in case, ordered to be released on bail. 14. So far as registration of other cases, against the applicant is concerned, admittedly, in one of the cases, he has been acquitted by the competent Court of law and the other cases, he has not been convicted by the competent Court of law. As such, mere registration of cases, under the NDPS Act, against the applicant is too short to decline the relief to the applicant, for which, he is otherwise entitled for. 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.54 of 2025, dated 11.07.2025, registered under Sections 15, 20 & 29 of the NDPS Act, with Police Station, Haripur, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of Chief Judicial Magistrate Kangra at Dharamshala or any other Judicial Magistrate First Class, stationed at Dharamshala. 8. ( 2025:HHC:27074 ) 17. This order, however, shall be subject to the following conditions:- a) The applicant shall appear before the IO, as and when, directed by the IO to do so 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) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. 18. 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. 19. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 9.  ( 2025:HHC:27074 ) 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Dharamshala, District Kangra, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison 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 Jail, District Jail Dharamshala, District Kangra, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kangra, District Kangra, H.P. The Superintendent of Jail, District Jail Dharamshala, District Kangra, 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 August 12, 2025 (subhash) RAJNI Digitally signed by RAJNI Date: 2025.08.12 14:11:11 +0530