1  ( 2025:HHC:33023 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2182 of 2025 Reserved On: 18.09.2025 Date of Decision:-23.09.2025 Raj Singh …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. Vivek Thakur, Advocate. For the Respondent : Mr. Varun Chandel and Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General. 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-Raj Singh has sought his release, on bail, during the pendency of the trial, arising out of FIR No.52 of 2025, dated 11.03.2025, registered under Sections 21, 25, 27A & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:33023 ) ‘NDPS Act’), with Police Station, Sundernagar, District Mandi, H.P. 2. The applicant has pleaded that he is innocent person and has falsely been implicated, in the present case, as he has no concern, whatsoever with the offence, for which, he has been arrested, by the police. 3. It has been averred in the application that the contraband, allegedly shown to have been recovered, in the present case, does not fall within the definition of ‘commercial quantity’. As such, according to him, rigors of Section 37 of NDPS Act are not applicable, in this case, during the pendency of the trial. 4. The learned counsel for the applicant, has given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail. 5. Investigation, in the present case, is stated to be completed and according to the applicant, no useful purpose would be served by keeping him in the judicial custody. 6. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned 3  ( 2025:HHC:33023 ) Special Judge, Sundernagar, District Mandi, Himachal Pradesh. However, the same was dismissed vide order dated 02.09.2025. 7. Learned counsel for the applicant has submitted that the applicant is also entitled to the relief of bail, on the basis of parity, as his co-accused Gurlal Singh has already been released on bail, by this Court, vide order dated 16.06.2025, passed in Cr. M.P.(M)No.1260 of 2025. 8. On the basis of the above facts, a prayer has been made to allow the bail application. 9. When, put to notice, the police had filed the status report, disclosing therein, that on 11.03.2025, ASI Daulat Ram, IO, along with other police official, was present at place known as Pungh, four lane on Bilaspur to Mandi line. They were on patrolling duty and were checking the vehicles there. They had checked about 40-50 vehicles on that day and then, they noticed the car bearing No.HR33D-5646 make Honda City, (colour white), being driven by its driver from Bilaspur side. ASI Daulat Ram had given the signal to the driver to stop the vehicle, consequently, vehicle was stopped on the left side of the road. Thereafter, ASI/IO Daulat Ram, directed the driver to show the requisite documents, upon which, the said person got perplexed and requested him not to check the documents. His activity 4  ( 2025:HHC:33023 ) raised a suspicion in the mind of IO that he might be having some stolen articles in the vehicle, as such, he has thought it proper to search the vehicle. He has requested the drivers of the vehicles coming from Bilaspur side to be the independent witnesses, but all of them had put forward their personal problems and refused to be the witnesses. 9.1. After sometime, he noticed, one Tipper bearing registration No.HP65B-5200 being driven by its driver from Bilaspur side. The name of driver of the said Tipper was enquired, who, on inquiry, disclosed his name as Sunil Dutt, son of Shri Shyam Lal. He was requested to be the independent witness, upon which, he agreed to do so. C. Upesh Rana No.908 was also associated as independent witness. Thereafter, C. Kuldeep No.596 was directed to record the proceedings. The name and address of driver of Vehicle No.HR-33D-5646, was enquired. On inquiry, he disclosed his name as Gurlal Singh son of Shri Gurmail Singh, resident of District Sirsa. Thereafter, the vehicle was searched. When the fuel tank box was opened, then, the yellowish brown coloured cello-tape, was found pasted near the lid. After removing the said cello-tape, a black coloured polythene envelope was found, which was containing eight small transparent pouches having brown coloured substance was 5  ( 2025:HHC:33023 ) found, which, on the basis of experience, as well as, disclosure made by the driver, was found to be Chitta. On weighment, the said chitta was found to be 40 grams. Other codal formalities were completed and after registration of the FIR, accused was arrested. 9.2. Thereafter, on 12.03.2025, the case property was produced before the Court, in order to comply with Section 52 of the ND&PS Act. On 13.03.2025, CDRs and consumer application forms of the mobile phone of accused-Gurlal Singh, bearing Nos. 99921-55672, 91389-83046 and 70154-87961, were obtained. The mobile phone bearing Nos. 99921-55672 and 91389-83046, were found to be issued in the name of Gurlal Singh, whereas, the mobile phone No.70154-87961 was found to be issued in the name of Baljeet Singh. On the analysis of the CDRs, it was found that accused-Gurlal Singh has visited Kullu- Manali from 27.02.2025 to 01.03.2025, frequently. On 08.03.2025, Gurlal Singh was also found to have visited Kullu- Manali. On 11.03.2025, Gurlal Singh was again on the way to Himachal Pradesh. 9.3. During investigation, on 14.03.2025, accused-Gurlal Singh, disclosed that on 11.03.2025, at place known as Aalsu, he had handed over Chitta to one Rohit and Rohit had transferred 6  ( 2025:HHC:33023 ) the amount of Rs.3100, Rs.2,000/- and Rs.2,000/-through GPay app. Thereafter, he has made the statement under Section 23(2) of Bharatiya Sakshya Adhiniyam, disclosing therein, that he can identify the house of applicant-Raj Singh, where, on 11.03.2025, he has handed over chitta/heroin to Rohit. Thereafter, the financial transactions were found to be made by Rohit on the mobile phone of applicant. Similarly, the financial transactions were found to be made between Gurlal and applicant-Raj Singh. 9.4. On 23.03.2025, accused Rohit Rana was also associated and was arrested. During police custody, Rohit Rana has allegedly disclosed to the police that he has purchased 2 grams chitta from accused-Gurlal Singh. It is the further case of the police that the involvement of applicant-Raj Singh, son of Baljeet Singh was also found, in this case. 9.5. During investigation, applicant-Raj Singh, was surrendered before the learned Additional Sessions Judge, Sundernagar, District Mandi, where, he was sent to police custody till 04.08.2025. Applicant-Raj Singh had told that the accused-Gurlal Singh had brought the Car No.HR33D-5646, Honda City to Himachal Pradesh on 11.03.2025, from which 40 grams of chitta/heroine was recovered. The said car belongs to the applicant-Raj Singh. 7  ( 2025:HHC:33023 ) 9.6. As per the status report, except the present case, no other case is stated to have been registered against the applicant. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. The contraband allegedly recovered from the possession of the applicant, in this case, does not fall, within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable, in this case. 12. In this case, the police has also added Section 27A of the NDPS act, on the basis of the alleged financial transactions. As per the case of the police, Raj Singh has allegedly transferred Rs.250/- on 21.02.2025, Rs.500 on 26.02.2025, Rs.500 on 27.02.2025, Rs.100/- on 07.03.2025, as such, total Rs.5,950/- were stated to be transferred on various dates. This allegation is too short to constitute the offence under Section 27A read with Section 29 of NDPS Act. Even the transactions between other accused are too short to constitute the offence, as defined under Section 27A of the NDPS Act. 13. Considering the fact that no other case has been found to have been registered against the applicant, this Court is of the view that the applicant is still presumed to be innocent and 8  ( 2025:HHC:33023 ) his bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited under the law. 14. 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. 15. Mere fact that the applicant is resident of adjoining State is too short to decline the relief, for which, the applicant is otherwise entitled for. 16. Even otherwise, co-accused-Gurlal Singh has also been released on bail, by this Court, on 16.06.2025, in Cr.MP(M) No. 1260 of 2025. As such, on the ground of parity also, the applicant is entitled for the relief, as claimed, in the application. 17. Considering all these facts, this Court is of the view that the present 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.52 of 2025, dated 11.03.2025, registered under Sections 21 and 25 of the NDPS Act, with Police Station Sundernagar, District Mandi, H.P., on his furnishing personal bond in the sum of Rs.50,000/- with two 9  ( 2025:HHC:33023 ) sureties of the like amount, to the satisfaction of the learned trial Court. 19. 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court. 20. 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. 10  ( 2025:HHC:33023 ) 21. 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. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail, Mandi District Mandi, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub Jail, Mandi, District Mandi, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of Jail, Sub Jail, Mandi, District Mandi, 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 September 23, 2025 (subhash) KALPANA Digitally signed by KALPANA Date: 2025.09.23 16:30:58 +0000