1 2025:HHC:28741 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1917 of 2025 Reserved on : 20.8.2025 Decided on : 26.8.2025 Anuj Kumar Duggal …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Gurdev Negi, Advocate. For the Respondent : Mr. Tejasvi Sharma, Addl. A.G. Virender Singh, Judge Applicant Anuj Kumar Duggal 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. 87 of 2025 dated 6.6.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic 2 2025:HHC:28741 Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, West, District Shimla, H.P. 2. The applicant has pleaded that he is innocent person and has falsely been implicated, in this case, for possessing 21.07 grams of heroin. Asserting this fact, it has been pleaded that rigors of Section 37 of NDPS Act, are not applicable in this case. 3. It is the further case of the applicant that Police could not place on record any document to show any monetary/financial link of the applicant with the co-accused. 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. 5. Applicant has also given history of cases, which have been registered against him. The details of the cases are reproduced, as under: 3 2025:HHC:28741 i) FIR No. 37 of 2015, dated 10.4.2015, registered at Police Station Kandghat, District Solan, under Section 20 of the NDPS Act; ii) FIR No. 75 of 2008, dated 21.7.2008, registered at Police Station, Kandaghat, District Solan, H.P., under Sections 341, 323, 506 and 34 of IPC; iii) FIR No. 63/2019, dated 11.8.2019, regis.tered at :Police Station, Kandaghat, District Solan, under the provisions of 21 of NDPS Act; iv) FIR No. 82 of 2021, dated 20.12.2021, registered at Police Station, Kandaghat, District Solan, H.P., u/s 147, 149, 356 and 323 IPC. 6. 6. It is the further case of the applicant that out of aforesaid cases, he has been acquitted in two cases, i.e. FIR No. 37 of 2015, and FIR No. 75 of 2008. 7. According to the applicant, he has tried his luck by moving similar bail application, before the learned Special Judge, under NDPS Act (CBI Court), Shimla, H.P. however, the same was dismissed on 26.7.2025. 8. 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. 4 2025:HHC:28741 9. On these submissions, a prayer has been made to allow the bail application. 10. When put to notice, the police has filed the status report, disclosing therein, that on 6.6.2025, S.I. Rajiv, Incharge, submitted a ruqua for registration of the FIR with Police Station, West, District Shimla, disclosing therein, that on that day, he, alongwith other police officials, in his private vehicle No. HP52C-6525, was on patrolling duty and duty to check the crime and to collect information regarding the crime, towards Kachi Ghati, Tara Devi and Shoghi side. They left the office at 2:30 p.m. and while conducting patrolling, when, they reached at Shoghi market, near Saraswati Bhojnalaya, then at about 4:00 p.m., he received a secret information, about the fact that 100 meters towards Shoghi Checkpost, on the side of the road, Anuj Kumar Duggal, R/o Waknaghat (applicant), Angad Sabrawala and Puneet Pal Singh, R/o Amritsar, were 5 2025:HHC:28741 present there. All the three persons are stated to have indulged in the business of chitta/heroin. 10.1 As per the information, Anuj Kumar Duggal, who was wearing a black Coloured T-Shirt and black Coloured jeans, was carrying a white coloured bag in his hand and in case, the said bag is searched, then, a large quantity of contraband could be recovered. In case of delay, the contraband could be removed from there. The said information was found to be authentic and reliable and according to the I.O., in case, search warrant or authorization letter is obtained, in that eventuality, he apprehended that the contraband could be removed from there, as such, he had prepared the proceedings under Section 42(2) of the NDPS Act and submitted the same to Supervisory Officer to Police Station, West, Shimla. 10.2 It is the further case of the Police that thereafter, the Police team noticed two young men at the spot, who, on inquiry disclosed their names, as Sunil Kumar, S/o Jai Krishan and Ankush Thakur, 6 2025:HHC:28741 S/o Heera Singh Thakur. Both of them were associated in the investigation and the Police team, alongwith the aforesaid persons, proceeded towards the Shoghi checkpost. Thereafter, 100 meters from the said check post, they noticed three persons. One person was wearing a black coloured T-Shirt and black coloured jeans and was having a carry bag in his hand. The I.O., and the police team, gave their identification to the said persons and the aforesaid persons disclosed their names as Anuj Kumar Duggal, S/o Arun Kumar Duggal, R/o Waknaghat, Tehsil Kandaghat, District Solan (applicant), Puneet Pal Singh, S/o Jaswinder Singh, R/o House No. 8620/30, Gali No. 2 Sulta Wind Road, Amritsar and Angad Sabrawal, S/o Lalit Kumar Sabrawal, R/o Inside Sultan Wind Gate, Amritsar. Thereafter, the carry bag, which accused Anuj Kumar Duggal (applicant) was carrying, was searched. On opening the same, it was found containing chitta/heroin. On weighment, the chitta was found to be 21.7 grams. 7 2025:HHC:28741 10.3 Thereafter, the other codal formalities were completed and after registration of the FIR, accused persons were arrested. On 7.6.2025, proceedings under Section 52-A of the NDPS Act were got conducted by producing the case property before the learned JMFC, Court No.4, Shimla. Thereafter, samples were sent to SFSL, Junga. 10.4 It is the further case of the Police that accused persons thereafter were remanded to Police custody. During police custody, applicant Anuj Kumar Duggal has disclosed that he had ordered for the chitta from co-accused Puneet Pal Singh, upon which, accused Puneet Pal Singh and Angad Sabrawal brought the said contraband and applicant Anuj Kumar Duggal made the payment of Rs. 3000/- to accused Puneet Pal Singh, through UPI mode and remaining amount was agreed to be paid, on selling the said contraband. 10.5 As per the further stand of the Police, the statement of account of applicant Anuj Kumar 8 2025:HHC:28741 Duggal was obtained and as per the statement, on 6.6.2025, from the account of applicant Anuj Kumar Duggal, a sum of Rs. 3000/- was found to have been transferred in the bank account of Puneet Pal Singh. The CDRs of all the three persons were obtained and it was found that they were in touch with each other. 10.6 As per the status report, following five cases have been registered against the applicant: i) FIR No. 37 of 2015, dated 10.4.2015, registered at Police Station Kandghat, District Solan, under Section 20 of the NDPS Act, in which applicant is stated to have been acquitted by the Competent Court of law; ii) FIR No. 75 of 2008, dated 21.7.2008, registered at Police Station, Kandaghat, District Solan, H.P., under Sections 341, 323, 506 and 34 of IPC. In the said case, the matter is stated to have been compromised, before the Gram Panchayat; iii) FIR No. 63/2019, dated 11.8.2019, registered at Police Station, Kandaghat, District Solan, under the provisions of 21 of NDPS Act which is stated to be pending adjudication, before the learned JMFC-4, Kandaghat, District Solan, H.P.; iv) FIR No. 82 of 2021, dated 20.12.2021, registered at Police Station, Kandaghat, District Solan, H.P., u/s 147, 149, 356 and 323 IPC, which is stated to be pending adjudication, before the learned JMFC-4, Kandaghat, District Solan, H.P.; v) FIR No. 53 of 2021, dated 4.6.209, under Sections 147, 149, 356 and 323 IPC, Police Station Kandaghat. In the said case, applicant is stated to have been acquitted. 9 2025:HHC:28741 10.7 It is the further case of the Police that result from the SFSL, Junga is awaited. Charge sheet is stated to have been filed on 4.8.2025, in this case. 10.8 On the basis of above facts, a prayer has been made to dismiss the application. 11. 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. 12. Although, total five cases are found to have been registered against the applicant, out of which, three cases are stated to have been decided, as he has been acquitted in two cases and one matter is stated to have been compromised. Two cases, arising out of FIR Nos. 63 of 2019 and 82 of 2021 are still pending adjudication. On the aforesaid facts, the relief, for which, the applicant is otherwise entitled to, cannot be declined to him, as admittedly, in any 10 2025:HHC:28741 of the cases, he has not been convicted by any Court of law. 13. 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. 14. Considering the fact that the case is now ordered to be listed on 28.8.2025, for the service of co-accused, this Court is of the view that chances of 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. 15. The applicant is permanent resident of District Solan, as such, it cannot be apprehended that in case, he is released on bail, he may not be available for trial. 11 2025:HHC:28741 16. Even otherwise, nothing is there on the file to demonstrate that any efforts have been made by the Police to get the bail, granted by the Court in other case, cancelled, by moving appropriate application, before the competent Court of law. 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. 87 of 2025, dated 6.6.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station, West, Shimla, 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 the learned trial Court. 19. 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; 12 2025:HHC:28741 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. 20. 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. 21. 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. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Model Central Jail, Kanda, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 13 2025:HHC:28741 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Model Central Jail, Kanda is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the Model Central Jail, Kanda 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 14:50:07 +0530