1 2025:HHC:33510 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2288 of 2025 Reserved on : 23.9.2025 Decided on : 26.9.2025 Puneet Pal Singh …Applicant State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Ms. Prabha Sharma Yadav and Mr. Ravinder Kumar, Advocates. For the Respondent : Mr. Varun Chandel and Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma and Ms. Ranjna Patial, Dy. AGs, assisted by HC Pankaj No. 211, Police Station West, District Shimla, H.P. Virender Singh, Judge Applicant Puneet Pal Singh has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 2 2025:HHC:33510 ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 87 of 2025, dated 6.6.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, West, District Shimla, H.P. 2. The applicant has pleaded that he is innocent person and has falsely been implicated, in this case, for allegedly possessing 21.07 grams of heroin. Asserting this fact, it has been pleaded that rigors of Section 37 of NDPS Act, are not applicable in this case. 3. It is the further case of the applicant that Police could not place on record any document to show any monetary/financial link of the applicant with the co- accused. 4. According to the applicant, investigation, in the present case, is complete 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. 3 2025:HHC:33510 5. Applicant has also given history of cases, which have been registered against him. The details of the cases are reproduced, as under: i) FIR No. 9 of 2007, dated 17.1.2007, under Sections 382 and 34 IPC, Police Station, B-Division, Amritsar; ii) FIR No. 11/2007, dated 21.11.2007, under Sections 382 and 34 IPC, Police Station B-Division Amritsar; iii) FIR No. 24/2010, dated 6.2.2010, under Section 21 of the NDPS Act, Police Station B-Division Amritsar; iv)FIR No. 192 of 2021, dated 31.7.2021, under Section 20 of NDPS Act, Police Station B-Division, Amritsar; v)FIR No. 57/2018, dated 24.3.2018, under Sections 399 and 402 IPC, Police Station Tanda, Hoshiarpur. 6. 6. It is the further case of the applicant that out of aforesaid cases, he has been acquitted in three cases, i.e. FIR No. 9 of 2007, FIR No. 11 of 2007 and FIR No. 57 of 2018. One case arising out of FIR No. 192 of 2021, dated 31.7.2021, is pending adjudication, whereas, in case, arising out of FIR No. 24 of 2010, dated 6.2.2010, the applicant has been convicted and against the judgment of conviction, appeal is pending in the High Court of Punjab and Haryana. 4 2025:HHC:33510 7. According to the applicant, he has tried his luck by moving similar bail application, before the learned Additional Sessions Judge (CBI Court), Shimla, H.P. however, the same was dismissed on 23.7.2025. 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 6.6.2025, S.I. Rajiv, Incharge, Special Cell has submitted a ruqua for registration of the FIR with Police Station, West, District Shimla, disclosing therein, that on that day, he, alongwith other police officials, in his private vehicle No. HP52C-6525, was on patrolling duty and duty to check the crime and to collect information regarding the crime, towards Kachi Ghati, Tara Devi 5 2025:HHC:33510 and Shoghi side. They left the office at 2:30 p.m. and while conducting patrolling, when, they reached at Shoghi market, near Saraswati Bhojnalaya, then at about 4:00 p.m., he received a secret information, about the fact that 100 meters towards Shoghi Checkpost, on the side of the road, Anuj Kumar Duggal, R/o Waknaghat, Angad Sabrawala and Puneet Pal Singh (applicant), R/o Amritsar, were present there. All the three persons are stated to have indulged in the business of chitta/heroin. 10.1 As per the information, Anuj Kumar Duggal, who was wearing a black Coloured T-Shirt and black Coloured jeans, was carrying a white coloured bag in his hand and in case, the said bag is searched, then, a large quantity of contraband could be recovered. In case of delay, the contraband could be removed from there. The said information was found to be authentic and reliable and according to the I.O., in case, search warrant or authorization letter is obtained, in that eventuality, he apprehended that 6 2025:HHC:33510 the contraband could be removed from there, as such, he had prepared the proceedings under Section 42(2) of the NDPS Act and submitted the same to Supervisory Officer to Police Station, West, Shimla. 10.2 It is the further case of the Police that thereafter, the Police team noticed two young men at the spot, who, on inquiry disclosed their names, as Sunil Kumar, S/o Jai Krishan and Ankush Thakur, S/o Heera Singh Thakur. Both of them were associated in the investigation and the Police team, alongwith the aforesaid persons, proceeded towards the Shoghi checkpost. Thereafter, 100 meters from the said check post, they noticed three persons. One person was wearing a black coloured T-Shirt and black coloured jeans and was having a carry bag in his hand. The I.O., and the police team, gave their identification to the said persons and the aforesaid persons disclosed their names as Anuj Kumar Duggal, S/o Arun Kumar Duggal, R/o Waknaghat, Tehsil Kandaghat, District Solan, Puneet Pal Singh 7 2025:HHC:33510 (applicant), S/o Jaswinder Singh, R/o House No. 8620/30, Gali No. 2 Sulta Wind Road, Amritsar and Angad Sabrawal, S/o Lalit Kumar Sabrawal, R/o Inside Sultan Wind Gate, Amritsar. Thereafter, the carry bag, which accused Anuj Kumar Duggal was carrying, was searched. On opening the same, it was found containing chitta/heroin. On weighment, the chitta was found to be 21.7 grams. 10.3 Thereafter, the other codal formalities were completed and after registration of the FIR, accused persons were arrested. On 7.6.2025, proceedings under Section 52-A of the NDPS Act were got conducted by producing the case property before the learned JMFC, Court No.4, Shimla. Thereafter, samples were sent to SFSL, Junga. 10.4 It is the further case of the Police that accused persons, thereafter, were remanded to Police custody. During police custody, Anuj Kumar Duggal has disclosed that he had ordered for the chitta from applicant Puneet Pal Singh, upon which, applicant 8 2025:HHC:33510 Puneet Pal Singh and Angad Sabrawal brought the said contraband and Anuj Kumar Duggal made the payment of Rs. 3000/- to applicant Puneet Pal Singh, through UPI mode and remaining amount was agreed to be paid, on selling the said contraband. 10.5 As per the further stand of the Police, the statement of account of Anuj Kumar Duggal was recorded and as per the statement, on 6.6.2025, from the account of Anuj Kumar Duggal, a sum of Rs. 3000/- was found to have been transferred in the bank account of Puneet Pal Singh (applicant). The CDRs of all the three persons were obtained and it was found that they were in touch with each other. 10.6 As per the status report, five criminal cases, as reproduced in the earlier part of the judgment, are stated to have been registered, against the applicant. 10.7 It is the further case of the Police that result from the SFSL, Junga is awaited. Charge sheet is stated to have been filed on 4.8.2025, in this case. 9 2025:HHC:33510 10.8 On the basis of above facts, a prayer has been made to dismiss the application. 11. 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. 12. In this case, his co-accused Angad Sabharwal has been released on bail, by the Court of learned Special Judge, under ND& PS Act (CBI Court), Shimla, H.P. vide order dated 23.7.2025, whereas Anuj Kumar Duggal has been released on bail, by this Court, vide order dated 26.8.2025. As such, the applicant is also entitled for bail, in this case, on the ground of parity. 13. So far as the criminal case, in which, the applicant has been convicted, mentioned at serial No. 3 of the application, in this case, is concerned, the applicant has preferred appeal against the judgment of conviction before the Hon’ble High Court of Punjab 10 2025:HHC:33510 and Haryana, and the order of sentence has been stayed by the Hon’ble High Court of Punjab and Haryana, vide order dated 1.8.2013, passed in Crl. Misc. No. 29617 of 2013 in Crl. Appeal No. S-2052- SB of 2013. Meaning thereby, the judgment of conviction, passed in the case arising out of FIR No. 24 of 2010, dated 6.2.2010, has not attained finality. Considering the said fact, presumption of innocence is still available, in favour of the applicant. 14. 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. 15. Considering the fact that the case is now ordered to be listed on 5.10.2025, for the checking of copies, this Court is of the view that chances of conclusion of trial, against the applicant, are not so 11 2025:HHC:33510 bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 16. Even otherwise, nothing is there on the file to demonstrate that any efforts have been made by the Police to get the bail, granted to the applicant by the Court in other case, cancelled, by moving appropriate application, before the competent Court of law. 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. 87 of 2025, dated 6.6.2025, registered under Sections 21 and 29 of the NDPS Act, with Police Station, West, Shimla, 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 the learned trial Court. 12 2025:HHC:33510 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. 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. 13 2025:HHC:33510 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Model Central Jail, Kanda, 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 Model Central Jail, Kanda is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the Model Central Jail, Kanda 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 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.09.27 10:45:57 +0000 14 2025:HHC:33510