1. ( 2025:HHC:29208 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1929 of 2025 Reserved on: 21.08.2025 Date of Decision: 29.08.2025 Sunny …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. K.S. Gill, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, for the respondent/State. Virender Singh, Judge Applicant-Sunny, has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No.73 of 2025, dated 23.04.2025, registered under Sections 20 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Puruwala, District Sirmaur, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:29208 ) 2. According to the applicant, he is innocent person and has falsely been implicated, in this case by the police. 3. Investigation, in the present case, is stated to be completed and the applicant is in judicial custody since 26.04.2025. He has termed the case of the prosecution, as false and based upon no evidence. 4. According to the applicant, he has been arrested, in this case, on account of the conspiracy hatched by the police, in order to save real culprits. 5. It is the further case of the applicant that his arrest was not in consonance with the provisions of law, as, no warrant of arrest has been issued against him. 6. The relief of the bail has also been sought on the ground that he is from respectable family and no useful purpose would be served by keeping him, in judicial custody. 7. The applicant had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Paonta Sahib, District Sirmaur, H.P., however, the said application was dismissed, vide order dated 21.07.2025. 3. ( 2025:HHC:29208 ) 8. According to the applicant, apart from the present case, another case has also been registered against him, however, he has not been convicted in the said case. 9. On the basis of the above facts, Mr. K.S. Gill, Advocate, 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. 10. On all these submissions, a prayer has been made to allow the application. 10.1. When, put to notice, the police has filed the status report, disclosing therein, that on 23.04.2025, HC Anil Tomar No.645 IO, Special Detection Cell, NDPS Sub Division Paonta Sahib, along with other police officials, was present at Vishwakarma Chowk at Paonta Sahib, then, he, received a secret information regarding the fact that one Sunny son of Vinod Kumar and Ritik son of Kala, resident of Bangala Basti, Kunja Matralion, Tehsil Paonta Sahib, District Sirmaur, H.P., were coming to Bangala Basti to Paonta Sahib, side on their motorcycle bearing Registration No.HP17H-4807, to sell Charas/Ganja and if, they are intercepted, a large quantity of Charas/Ganja can be recovered. 4. ( 2025:HHC:29208 ) 10.2. The said information was found to be authentic and reliable and according to IO, in case, he had obtained the search warrants and authorization letter, in that case, delay could be caused and there was every chance that the contraband may be removed from there. As such, he has complied with the provisions of Section 42(2) of NDPS Act and submitted the same to SDPO. 10.3. Thereafter, at about 2:30 PM, he had proceeded towards Bangala Basti to put picketing, where, two persons, namely Saavir and Karam Chand met them, who were apprised with the factual position and associated in the investigation. At about 3:15 PM, picketing was done and at about 3:55 PM, one motorcycle bearing Registration No.HP17H-4867, being driven by its rider, was found coming from Bangala Basti Matralion side to Rampur Ghat Road. Two persons were sitting thereon. IO, along with the other police officials, tried to stop the motorcyclist, however, he had tried to drive the same at a fast speed, though, IO with the help of other police officials, overpowered them. On the motorcycle, between the two persons, who were on the motorcycle, a yellow coloured carry bag was there. 10.4. On inquiry, the person, who was riding the motorcycle, disclosed his name as Sunny son of Vinod Kumar 5. ( 2025:HHC:29208 ) (applicant) and other person disclosed his name as Ritik son of Kala. Thereafter, both of them were apprised about the secret information, which the IO had received and thereafter, the carry bag was searched. When, the carry bag was opened, the same was found containing a green coloured plastic polythene, containing three packets, containing leaf shaped brown coloured substance, which, on the basis of experience was found to be Ganja. On weighment, the same Ganja was found to be 2.066 kg. Other codal formalities were completed and after registration of the FIR, accused persons were arrested. 10.5. Thereafter, the case property was produced before the Court for conducting the proceedings under Section 52(A) of NDPS Act. Two samples of 96-96 grams were separated and sent for laboratory from where positive report has been received. 10.6 Against the applicant, FIR No.45 of 2022, dated 03.04.2022, under Section 20-61-85 of NDPS Act, with Police Station, Puruwala, was found to have been registered. 10.7. As per the status report, charge sheet has been filed against the applicant before the Court of learned Additional District Judge, Paonta Sahib and case is now listed for 19.08.2025 for consideration of charge. 6. ( 2025:HHC:29208 ) 10.8. It is the further case of the police that the co-accused Ritik, son of Kala, has been released on bail, by the Court of learned Additional Sessions Judge, Paonta Sahib on 19.06.2025. 10.9. Lastly, it has been apprehended that the applicant is a very clever person and in case, he is released on bail, he may not be available for the trial and may also coerce the witnesses. 10.10. Apart from this, apprehensions have also been expressed that in case of bail, the applicant may again indulge in the similar activities. 11. On the basis of the above facts, a prayer has been made to dismiss the application. 12. The contraband i.e. Ganja, on weighment was found to be 2.066 kg. Meaning thereby, the contraband allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of NDPS Act, are not applicable, in this case. 13. So far as the registration of the another case, as highlighted by the police, in the status report is concerned, admittedly, in the said case, no conviction has been recorded by the competent Court of law. Moreover, no efforts have been 7. ( 2025:HHC:29208 ) made by the police to get the bail cancelled by moving the application, before the competent Court of law. 14. The applicant is permanent resident of District Sirmaur, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 15. The applicant is in judicial custody, since 23.04.2025 and the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright, as such no useful purpose would be served by keeping him, in judicial custody that too for the indefinite period. 16. So far as the apprehensions, which have been expressed, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail. 17. Even on the ground of parity, also the applicant is entitled for the bail, as his co-accused Ritik son of Kala Singh, as per the status report, has been released on bail, by the Court of learned Additional Sessions Judge, Paonta Sahib, on 19.06.2025. 8. ( 2025:HHC:29208 ) 18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 19. Consequently, the applicant is ordered to be released on bail in case FIR No. 73 of 2025, dated 23.04.2025, registered under Sections 20 and 29 of the NDPS Act, with Police Station, Puruwala, District Sirmaur, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties of the like amount, to the satisfaction of the learned trial Court. 20. 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 9. ( 2025:HHC:29208 ) d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. 21. 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. 22. 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. 23. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 24. 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, Model Central Jail, Nahan, District Sirmaur, H.P Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Sirmaur, District Sirmaur, H.P. The Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, H.P, 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 10. ( 2025:HHC:29208 ) one month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge August 29, 2025 (subhash) RAJNI Digitally signed by RAJNI Date: 2025.08.29 14:13:10 +0530