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2025:HHC:33509 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 2282 of 2025 Reserved on : 24.09.2025 Decided on : 26.09.2025 Hitesh Kumar …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. Sahil Thakur & Ms. Supriya Chaudhary, Advocates. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge ApplicantHitesh Kumar, 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 trial, arising out of FIR No.100 of 2025, dated 13.05.2025, registered, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 (hereinafter referred to as the ‘NDPS Act’), with Police Station Sundernagar, District Mandi, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated in the present case. 3. As per the applicant, investigation, in the present case, is complete and the police has filed the chargesheet. 4. It is the further case of the applicant that his coaccused has also been enlarged on bail by the learned Special Judge, Sundernager. As such, the relief of bail has also been sought on the ground of parity. 5. According to the applicant, the contraband allegedly shown to have been recovered as 28 grams of Heroin, 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. 6. It has also been pleaded, in the application, that except the present case, six other cases have also been registered against the applicant, details of which are reproduced, as under:
3 i. FIR No.275/2023, dated 08.11.2023, under Sections 279, 337, 304A IPC in Police Station Balh, District Mandi, H.P. ii. FIR No.16/2024, dated 06.02.2024, under Sections 279, 337, in Police Station Balh, District Mandi, H.P. iii. FIR No.20/2024, dated 09.02.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Balh, District Mandi, H.P. iv.
FIR No.45/2024, dated 01.05.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Mehatpur, District Una, H.P. v. FIR No.184/2024, dated 13.08.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Sadar Bilaspur, H.P. vi. FIR No.78/2025, dated 30.03.2025, under Sections 21 and 29 of the NDPS Act, Police Station Balh, District Mandi, H.P. According to the applicant all the above cases are pending adjudication
7. The applicant has also tried his luck by moving similar application, before learned Special Judge, Sundernagar, District Mandi, however, his application was dismissed on 31.07.2025. 8. Apart from this, Mr. Sahil Thakur and Ms. Supriya Chaudhary, Advocates, appearing for the applicant, have given certain undertakings on behalf of the
4 applicant, for which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail, during the course of the trial. 9. On the basis of the above facts, a prayer has been made to allow the application. 10. When put to notice, the police has filed the status report, disclosing therein, that on 13.05.2025, HC Hans Raj No.76, I.O. SIU Sub Division Sundernagar, along with other police officials, was on mobile picketing, patrolling duty and duty to detect the crime relating to Narcotic drugs within the jurisdiction of Police Station Sundernager. 10.1. When the police party was present at Dodwan fourlane, Mandi to Bilaspur line and was checking the vehicles coming from Mandi side, at about 5.40 p.m., a Silver Grey coloured vehicle bearing registration No.HP23E0561, being driven by its driver, came there from Mandi side. 10.2. The I.O. had given signal to stop the car. Consequently, the driver stopped the car. Apart from the driver, one lady was found sitting in the Car. The car
5 driver was directed to show the requisite documents for checking, upon which, the car driver disclosed that his wife is ill and he is in hurry. He has also told the police not to harass them and let them go.
Due to the said fact, the I.O. developed suspicion that the vehicle might be having some stolen articles, as such, the I.O. thought it proper to search the vehicle. He has requested the Police of Police Station Sundernagar to send a lady constable. 10.3. Thereafter, local BDC member was requested to come to the spot. After some time Lady Constable Savitri Devi No.272 came there, who was apprised about the factual position and were associated in the investigation. In their presence, name and address of the car driver was inquired, who disclosed his name as Hitesh Kumar (applicant) and the lady disclosed her name as Vandna Mahajan. 10.4. Thereafter, the car was searched and in the dashboard, a polythene having knot over it, was found. When the I.O. was about to check the same, the car driver Hitesh Kumar, all of a sudden, pounced and tried to
6 swallow it, due to which, the videography and photography of the said act of the applicant, could not be conducted. 10.5. Thereafter, videography and photography were conducted. When, the knot was opened, then, light yellow coloured substance was found, which, on the disclosure made by accused Hitesh and Vandna and on the basis of the experience, was found to be Chitta/Heroin. On weighment, it was found to be 28 grams. 10.6. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused were arrested. 11. After completion of the codal formalities, the contraband, so recovered, was sent to SFSL Junga, for
analysis, from where, positive report has been received. 12. As per the status report, the following cases were found to be registered against the applicant: i. FIR No.39/2025, dated 07.02.2025, under Sections 21 and 29 of the NDPS Act, and Sections 2385, 121 BNS, Police Station Balh, District Mandi, H.P. ii. FIR No.20/2024, dated 09.02.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Balh, District Mandi, H.P.
7 iii. FIR No.275/2023, dated 08.11.2023, under Sections 279, 337, 304A IPC in Police Station Balh, District Mandi, H.P. iv. FIR No.16/2024, dated 06.02.2024, under Sections 279, 337, in Police Station Balh, District Mandi, H.P. v. FIR No.45/2024, dated 01.05.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Mehatpur, District Una, H.P. vi. FIR No.184/2024, dated 13.08.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Sadar Bilaspur, H.P. vii. FIR No.78/2025, dated 30.03.2025, under Sections 21 and 29 of the NDPS Act, Police Station Balh, District Mandi, H.P.
13. On the basis of the above facts, a prayer has been made to dismiss the application. 14. Investigation, in the present case, is complete and the charge sheet has been filed in the competent court of law. The case is now listed for consideration on charge. The coaccused of the applicant, Vandna Mahajan, has already been released on bail by the bail. 15. First of all, coming to the arguments of the learned Additional Advocate General, qua the registration of seven cases, out of which, five cases are under the provisions of NDPS Act, admittedly, the accused has not been convicted, in any of the cases, registered against him. 8
16. Mere registration of the cases, does not take away the presumption of innocence, which is still available to the applicant. A person is presumed to be innocent until proven guilty, after the trial. Even otherwise, no efforts have been made by the Police to get the bail, in that case, cancelled. 17. 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 ND & PS Act, are not applicable, in the present case. 18.
The bail application cannot be rejected, as a matter of punishment, as, pretrial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 19. The investigation, in the present case, is complete and the coaccused of the applicant has already been released on bail. In such situation, the applicant is able to make out a case for grant of bail. 20. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is
9 accordingly allowed. The applicant is ordered to be released on bail, in case FIR No.100 of 2025, dated 13.05.2025, registered, under Sections 21, 25 and 29 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 one surety, in the like amount, to the satisfaction of learned trial Court. 21. 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
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.”
22. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of
10 the case as these observations are confined only to the disposal of the present bail application.
23. 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.
24. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail, Kanda, District Shimla, through email, with a direction to enter the date of grant of bail in the eprison software.
25. 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, Kanda, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, Model Central Jail, Kanda, District Shimla, 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 26, 2025(ps) RAJNI Digitally signed by RAJNI Date: 2025.09.26 18:18:00 +0530