1 2025:HHC:32555 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2273 of 2025 Decided on : 19.9.2025 Vaibhav @ Aman …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Vijender Katoch, Advocate. For the Respondent : Mr. H.S. Rawat, Additional Advocate General, Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Kiran Kumar No. 51 of Police Station, Dharamshala, District Kangra, H.P. Virender Singh, Judge Applicant Vaibhav@Aman 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. 80 of 2 2025:HHC:32555 2025 dated 15.5.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Dharamshala, District Kangra, 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. 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. 4. Applicant has further pleaded that 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 this case. 3 2025:HHC:32555 5. According to the applicant, he has tried his luck by moving similar bail application, before the learned Special Judge-III, Kangra at Dharamshala, however, the same was dismissed as withdrawn, on 19.8.2025. 6. 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. 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 Shivam Kumar has already been released on bail, by this Court, vide order dated 19.8.2025, passed in Cr. M.P. (M) No. 1884 of 2025. 8. On these submissions, a prayer has been made to allow the bail application. 8.1 When put to notice, the police has filed the status report, disclosing therein, that on 15.5.2025, H.C. Kiran Kumar No. 51, has submitted a ruqua, 4 2025:HHC:32555 disclosing therein that on that day, he, alongwith other police officials, under the leadership of ASI Mahinder Singh had left the Police Station, for patrolling duty, towards Shyamnagar, Ramnagar, Gambru, Dadnu, Kand, Fruit Craft Institutte, Lamba Colony. Thereafter, at about 4:50 p.m., the Police party reached at Thehar Link road near Drug de- addiction Centre, KUNPHEN, then, a vehicle bearing registration No. HP 39G-5261 (colour black), was noticed, which was parked on the side of the road. On seeing the Police party, the driver of the said vehicle started the same and tried to flee away. Since, the car was parked at a secluded place, on a link road, and driver of the vehicle, on seeing the Police, had started the vehicle and tried to flee away, as such, I.O. raised suspicion that some objectionable article could be there, in the vehicle. 8.2 At the instance of I.O., driver of their vehicle stopped the vehicle, in front of the aforesaid car. In the meanwhile, car driver, all of a sudden, applied 5 2025:HHC:32555 the reverse gear and tried to flee away. However, the vehicle was intercepted at a distance of 10 meters. 8.3 In the meanwhile, two vehicles, coming from Fruit Craft Institute, were stopped and the drivers of the said vehicles, who, on inquiry, disclosed their names as Nikhil Kumar and Ganga Ram, were associated in the investigation. In the presence of these persons, who were associated as independent witnesses, driver of the said vehicle was inquired, who disclosed his name as Shivam Kumar and the person, sitting by his side, disclosed his name as Vaibhav @ Aman (applicant). Thereafter, vehicle was searched. 8.4 During search of the vehicle, underneath the tray, meant for keeping the bottle, a transparent polythene envelope was found, which, on checking, was found containing white/brown coloured granule shaped substance. On checking, the same was found, to be chitta/heroin. On weighment, the same was found 6.5 grams. 6 2025:HHC:32555 8.5 Other codal formalities were completed. After registration of the FIR, both the aforesaid persons were arrested in this case. 8.6 Thereafter, case property was produced before the Court, where proceedings under Section 52-A of the NDPS Act were conducted and the case property was sent to the SFSL, Junga, from where, positive report has been received. 8.7 Investigation is stated to be completed, in the present case and charge sheet is stated to have been filed by the Police in the Court of learned Special Judge, Kangra at Dharamshala, H.P. 8.8 It is the further case of the Police that no other case is found to have been registered against the applicant. 8.9 It has been mentioned in the status report that after completion of investigation, the charge sheet has been filed in the Court of learned Special Judge, Dharamshala, District Kangra and the case is stated to have been pending adjudication in the 7 2025:HHC:32555 Court of learned Addl. Sessions Judge-II, Kangra at Dharamshala, H.P. 8.10 On the basis of above facts, a prayer has been made to dismiss the application. 9. 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. 10. 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. 11. Considering the fact that no other case is found to have been registered against the applicant, he is presumed to be innocent, until proven guilty by the competent Court of law. 8 2025:HHC:32555 12. The bail application cannot be rejected as a matter of punishment, as presumption of innocence is still available to the applicant, till his guilt is proved, after the full fledged trial. 13. Moreover, chances of conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 14. Even otherwise, co-accused Shivam Kumar has also been released on bail, by this Court, on 19.8.2025, in Cr. MP(M) No. 1884 of 2025. As such, on the ground of parity also, the applicant is entitled for the relief, as claimed, in the application. 15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail arising out of FIR No. 80 of 2025 9 2025:HHC:32555 dated 15.5.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Dharamshala, District Kangra, 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 learned trial Court. 17. 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. 18. 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 10 2025:HHC:32555 confined, only to the disposal of the present bail application. 19. 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. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Lala Lajpat Rai District & Air Correctional Home, Dharamshala, H.P., through e-mail, 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 Lala Lajpat Rai District & Air Correctional Home, Dharamshala, H.P., is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of the Lala Lajpat Rai District & Air Correctional Home, Dharamshala, H.P., is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within 11 2025:HHC:32555 a period of one month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge September 19, 2025 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.09.19 16:55:48 +0000