12026:HHC:1068 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2967of 2025 Decided on : 5.1.2026 Aditya Thakur …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. Prashant Sharma, Advocate. For the respondent : Mr. Tejasvi Sharma, Addl. A.G. with Ms. Ranjna Patial, Dy.A.G. Virender Singh, Judge (oral) Applicant Aditya Thakur 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. 122 of 2025, dated 1.6.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 (hereinafter referred to as ‘the NDPS’), with Police Station, Sunder Nagar, District Mandi, H.P. 2. The applicant has pleaded that he is an innocent person and has falsely been implicated, in this case. 3. It is the further case of the applicant that investigation, in the present case, is complete. 4. As per the further case of the applicant, the contraband recovered from the possession of the applicant, does not fall within the commercial quantity. 5. According to the applicant, he has tried his luck by moving similar bail application, before the learned Special Judge, Sundernagar, District Mandi, H.P., however, the same was dismissed, on 7.10.2025. 6. Learned counsel for the applicant has further submitted the details of the cases, registered against him, which are as under: 1) FIR No. 85 of 2017; 2) FIR No. 59 of 2019, under NDPS Act; 3 3) FIR No. 188 of 2024, under the NDPS Act; 4) FIR No. 179 of 2017 registered under IPC; 5) FIR No. 274 of 2024, registered under IPC; and 6) FIR No. 133 of 2018, registered under Sections 24 and 29 of the NDPS Act. 7. It has further been averred by learned counsel for the applicant that he has not been convicted in any of the aforesaid cases, by any competent Court of law. 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. 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 1.6.2025, H.C. Hans Raj No. 76, I.O. SIU, alongwith other police officials, was on patrolling duty, and when, they were at a place known as ‘Bhawana Tunnel No. 5’, they were checking the traffic, coming from Chandigarh to Mandi. At about 3:10 a.m., a Volvo Bus bearing registration No. AR 06C-0905 was coming from 4 Chandigarh side. The I.O. has signalled to stop the same. The driver of the bus stopped the bus. Thereafter, the police party started checking the said bus. A person, sitting on seat No. 36, concealed something behind his seat. As such, the I.O. decided to check the same, in the presence of witnesses. Consequently, the bus driver and conductor were associated in the investigation and the person, sitting on seat No. 36 was checked. When, the name and address of the said person was inquired, he has disclosed his name as Aditya (applicant). 10.1. As per the further case of the Police, when, the article, which the applicant was trying to conceal, was checked, the same was found to be a transparent polythene. On opening the same, it was found containing a light brown coloured solid substance, which, on the basis of experience, was found to be chitta/heroin. 5 10.2 On weighment, the chitta was found to be 34 grams. Other codal formalities were completed. The FIR was registered and the accused was arrested. 10. 3 As per the further case of the Police, six cases are found to have been registered against the applicant, details of which are reproduced as under: i) FIR No. 85 of 2017, dated 5.7.2017, under Sections 20 and 27 of the NDPS Act, Police Station, Roopnagar, Punjab; ii) FIR No. 133 of 2018, dated 24.5.2018, under Sections 24 and 29 of the NDPS Act, registered with Police Station, Bilaspur, H.P., in which the applicant has been acquitted; iii) FIR No. 59 of 2019, dated 8.3.2019, registered under Sections 21 and 29 of the NDPS Act, with Police Station, STF Phase-4, Mohali, SAS Nagar, Punjab, which is pending adjudication; iv) FIR No. 179/17, dated 17.8.2017, under Sections 341, 323, 506 and 34 IPC, Police Station, Kullu, H.P., which is pending adjudication; v) FIR No. 188 of 2024, dated 1.7.2024, under Section 21 of the NDPS Act, registered with Police Station, Kullu, H.P., which is pending adjudication; and vi) FIR No. 274 of 2024, dated 7.10.2024, registered under Sections 305, 331(4) of the BNS, with Police Station, Kullu, District Kullu, H.P. which is pending adjudication. 6 10.4 As per the further case of the prosecution, the case is now fixed for service, for 11.2.2026. 10.5 On the basis of above facts, a prayer has been made to dismiss the application. 11. Heard. 12. 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. 13. Investigation, in the present case, is complete and the case is now fixed for 11.2.2026 for service, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period, as chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. 14. Moreover, the accused is presumed to be innocent, unless proven guilty, after the full-fledged 7 trial, as, pre-trial punishment is prohibited under the law. 15. So far as registration of other cases against the applicant is concerned, he has not been convicted in any of the aforesaid cases, by any competent court of law. Moreover, no efforts have been made by the Police for cancellation of bail, in those cases. 16 The applicant is permanent resident of District Kullu, as such, it cannot be apprehended that in case, he is released on bail, he may not be available for trial. 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. 122 of 2025 dated 1.6.2025, registered under Section 21 of the NDPS Act, with Police Station, Sundernagar, District Mandi, H.P., on his furnishing personal bond in the sum of 8 Rs. 50,000/-, with one surety in the like amount, to the satisfaction of 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; 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. 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. 9 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Mandi, H.P., with a direction to enter the date of grant of bail in the e-prison 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 District Jail, Mandi, H.P., is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of District Jail, Mandi 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 Janaury 5, 2026 Kalpana KALPANA Digitally signed by KALPANA Date: 2026.01.05 17:57:45 +0000