Extracted from the PDF above. The PDF is authoritative.
2025:HHC:33007 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 2151 of 2025 Reserved on : 18.09.2025 Decided on : 23.09.2025 Anuj Sharma
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Pankaj Mehta, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General. Virender Singh, Judge ApplicantAnuj Sharma, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.92 of 2024, dated 29.06.2024, registered, under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:33007 Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Kala Amb, District Sirmaur, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated by the Police, in this case, for allegedly possessing Chitta/Heroin, weighing 7.1 grams. 3. As per the applicant, the 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, in the present case. 4. It is the further case of the applicant that the investigation, in the present case, is complete. According to the applicant, he was arrested on 29.06.2024, in the present case and no useful purpose would be served by keeping him in the judicial custody, that too, for indefinite period. 5. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special JudgeII, Nahan, however, his application has been dismissed on 20.06.2025. Thereafter, he has filed Cr.MP
3 2025:HHC:33007 (M) No.1905 of 2025, which was dismissed as withdrawn on 19.08.2025. 6.
The applicant has also given the details of the following cases, registered against him: i) FIR No.55 of 2014, registered under Sections 457 and 380 of the IPC; ii) FIR No.80 of 2017, registered under Section 39(1)(a) HP Excise Act; iii) FIR No.142 of 2017, registered under Section 21 and 29 of the NDPS Act; iv) FIR No.09 of 2018, registered under Section 506 IPC v) FIR No. 69 of 2022, registered under Section 21 of NDPS Act; and vi) FIR No.51 of 2023, registered under Section 147, 148, 149, 452 and 506 of the IPC. 7. Apart from this, Mr. Pankaj Mehta, 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, during the pendency of the trial. 8. On the basis of the above facts, a prayer has been made to allow the application. 4 2025:HHC:33007
9. When put to notice, the police has filed the status report, disclosing therein, that on 29.06.2024, HC Babu Ram No.644, I.O. Detection Cell District Sirmaur, has submitted a rukka to Police Station, Kala Amb through Constable Vinod No.21, Detection Cell, Sirmaur, mentioning therein, that on 29.06.2024, he, along with other Police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotic substances, human trafficking, organ trafficking, forced labour, flesh trade and illegal mining, towards Dosarka, Sainwala, Moginand and Kala Amb side. 9.1.
9.1. At about 05.00 p.m., when, the police party was present at a place known as Kattaghat Sainwala, near Kali Temple, then, the I.O. received a secret information that a young man and a lady, namely; Anuj Sharma @ Jatt (applicant) and Priti Aggarwal, in connivance with each other, who are indulged in the business of selling Chitta/ Heroin to the youths, are coming from Kala Amb side, in their Applied For Scooty and they were having the consignment of Heroin/Chitta and were taking the same towards Nahan city side. Anuj Sharma (applicant) has
5 2025:HHC:33007 worn maroon coloured Tshirt and green coloured lower, whereas, Priti Aggarwal, has worn blue coloured suit. 9.2. As per the information, if they both were checked, then large quantity of contraband i.e. Chitta/ Heroin could be recovered. The said information was found to be authentic and reliable. 9.3. According to the I.O., in case of obtaining the search warrants, the contraband, could be removed from there. As such, information under Section 42(2) of the NDPS Act, was prepared and submitted to the superior officer. Thereafter, the police party had started waiting for them. 9.4. Thereafter, efforts were made to associate the independent witnesses, but, the passersby had put forward their inability to do so. Efforts were also made to associate the members of the Panchayat institution, but, all of them had expressed their inability to do so, on account of their busy schedule. 9.5. At about 5.40 p.m., as per the information, from Kala Amb side, a white coloured Scooty reached there. The young man and the lady were there on the
6 2025:HHC:33007 Scooty, who had worn the clothes, as per the secret information. The I.O., HC Babu Ram, got them stopped and shown their identity to them and apprised them about the secret information. 9.6. On inquiry, the young man disclosed his name as Anuj Sharma @ Jatt (applicant) and the lady disclosed her name as Priti Aggarwal. Thereafter, their Scooty was checked. From the dicky of the Scooty Honda Activa, a plastic pouch was found, which, on opening was found to be containing Chitta, which, on weighment, was found to be 7.01 grams. The said contraband was taken into possession. 10. After completion of the codal formalities, the FIR was registered and the accused persons were arrested. 11.
Thereafter, the case property was produced before the Court of learned Chief Judicial Magistrate, Nahan, where the proceedings under Section 52A of the NDPS Act were conducted. Thereafter, the contraband was sent to SFSL Junga, from where, positive report has been received. 7 2025:HHC:33007
12. It is the further case of the police that as per the record, following 6 cases are found to have been registered against the applicant, out of which, two are under the NDPS Act : i) FIR No.55/2014, dated 16.06.2014, under Sections 39(1)(a) of HP Excise Act, in which the applicant has been acquitted on 21.03.2022. ii) FIR No.80/2017, dated 16.06.2017, under Sections 457 and 380 of the IPC, in which, the applicant has been acquitted by learned CJM, Nahan; iii) FIR No.142/2017, dated 22.11.2017, under Sections 21 and 29 of the NDPS Act, in which the applicant has been convicted by learned Sessions Judge, Nahan, on 06.12.2024; iv) FIR No.09/2018, dated 20.01.2018, under Section 506 IPC, in which the applicant has been acquitted by learned Chief Judicial Magistrate, Nahan on 16.08.2024; v) FIR No.60/2022, dated 05.06.2022, under Section 21 of the NDPS Act, which is pending before the Court of learned Chief Judicial Magistrate, Nahan; and vi) FIR No.51/2023, dated 05.05.2023, under Sections 147, 148, 149 452 and 506 IPC, which is pending in the Court of learned Judicial Magistrate First Class, Nahan. 13. It is the further case of the police that investigation, in the present case, is complete and the
8 2025:HHC:33007 chargesheet has been filed, in the Court of Additional Sessions Judge, Nahan on 29.08.2024. 14. On the basis of the above facts, a prayer has been made to dismiss the application. 15. The applicant, in this case, was arrested on
30.06.2024. 16. Admittedly, the 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, in the present case. 17.
Although, the applicant has been acquitted in three cases, out of total six cases and two are still pending adjudication, however, in case FIR No. 142/2017, he has been convicted on 6.12.2024. 18.
Learned counsel appearing for the applicant has placed on record the copy of the order dated 25.03.2025, passed by this Court in Cr.MP No. 451 of 2025 in Criminal Appeal No.76 of 2025, titled as Anuj Sharma versus State of H.P., moved by the accused, wherein the order of sentence dated 6.12.2024, passed by the learned Special JudgeII, Nahan, has been suspended. 9 2025:HHC:33007
19. All these facts have been pleaded to show that the judgment of conviction dated 6.12.2024, has not yet been finalized. 20. Although, the conviction of the applicant accused, in case FIR No.142/2017, in which, the applicant has been convicted and sentenced by the Court of learned Additional Sessions Judge, Nahan, on 6.12.2024, is sufficient to decline the relief to him, as previous criminal history, that too, where, he has been convicted is relevant factor to decide the question of releasing a person on bail, however, considering the fact that the judgment of conviction has not been stayed, but, order of sentence has been suspended and the appeal is pending, one thing can be held that the judgment of conviction dated 6.12.2024, has not attained the finality. 21. The investigation, in the present case, is complete and the applicant is in judicial custody. Considering the said fact, this Court is of the view that no useful purpose would be served by keeping him, in judicial custody, that too, for indefinite period. 10 2025:HHC:33007
22. Moreover, the application cannot be rejected as a matter of punishment, as pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 23. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail, in case FIR No.92 of 2024, dated 29.06.2024, registered, under Sections 21, 25 and 29 of the NDPS Act, with Police Station, Kala Amb, District Sirmaur, 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 learned trial Court. 24.
This order of release, 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
11 2025:HHC:33007
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.”
25. 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.
26. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant.
27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, through email, with a direction to enter the date of grant of bail in the eprison software.
28. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. The Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, is further
12 2025:HHC:33007
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 September 23, 2025(ps) RAJNI Digitally signed by RAJNI Date: 2025.09.23 11:50:18 +0530