Extracted from the PDF above. The PDF is authoritative.
2025:HHC:36371 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP (M) No. : 2450 of 2025 Reserved on : 30.10.2025 Decided on : 31.10.2025 Hemant 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. Paras Dhaulta, Legal Aid Counsel. For the respondent : Mr. Varun Chandel and Mr. H.S. Rawat Additional A.G., with Mr. Rohit Sharma and Ms. Avni Kochhar, Deputy A.G. Virender Singh, Judge ApplicantHemant Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), for releasing him on bail, during the pendency of trial, in case arising out of FIR No. 100 of 2025, dated 22.04.2025, registered, under Sections 21 and 29 of the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:36371 Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), with Police Station, Sadar Mandi, 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 case of the applicant, he was arrested, in the present case, on 22.04.2025 and thereafter, he has tried his luck by moving the application before the Court of learned Special Judge – III, Mandi, however, his application has been dismissed, on
13.06.2025. 4. Apart from the present case, another case bearing FIR No. 47/2024, registered under Sections 21 and 29 of the ND&PS Act is stated to have been lodged against the applicant and the trial of the same is pending in the Court of learned Special Judge – II Mandi, however, in the said case, the applicant has not been convicted. 5. As per the applicant, the contraband allegedly shown, in the present case, is 27 grams heroin/chitta, which does not fall under the definition of ‘commercial
3 2025:HHC:36371 quantity’, as such, rigors of Section 37 of the ND&PS Act are not applicable, in the present case. 6. According to the applicant, the investigation, in the present case, is complete and no fruitful purpose would be served by keeping him in judicial custody. 7. Apart from this, Mr.
Paras Dhaulta, learned legal aid counsel, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 8. On the basis of the above facts, a prayer has been made to allow the bail application, as prayed for. 9. When put to notice, the police has filed the status report, disclosing therein that on 22.04.2025, HC Bhanu Partap No. 34, along with other police officials, had left Police Station Sadar, District Mandi, for patrolling and picketing duty. At about 1:15pm, when, they were present at Pulgharat, then, I.O. HC Bhanu Partap No. 34, received a secret information, through phone, that at place Baloh, one boy Hemant Kumar alias Anu (applicant) son of Sh. Prem Sukh, who is in the business of selling heroin/chitta,
4 2025:HHC:36371 has come in the morning of that day, from Amritsar along with heroin/chitta and he is present in his house and selling the chitta. As per the further information, in case, search of his house is conducted, large quantity of chitta could be found. 9.1 Said information was reliable and due to paucity of time, it was not possible for the I.O. to obtain search warrants, as in doing so, the contraband could have been removed from there. As such, he has complied with the provisions of Section 42(2) of the ND&PS Act. Thereafter, I.O. along with police officials proceeded towards the house of Hemant Kumar (applicant) at about 1:40 pm. At about 2:15 pm, they reached at Baloh near Nain Tunga Mata Temple. There, they noticed two persons. On inquiry, those persons disclosed their names as Tek Singh and Kesar Singh. Both were apprised about the secret information and requested to become independent witnesses. Both of them consented to become independent witnesses.
9.2 Thereafter, I.O., along with independent witnesses and police party, reached at the house of
5 2025:HHC:36371 Hemant Kumar (applicant). They reached in his courtyard at 2:30 pm. One old person was found there, to whom the I.O. apprised about the police team, independent witnesses, secret information and search of the house. Said old person apprised that he is father of Hemant Kumar (applicant) and he has confirmed that Hemant Kumar (applicant) is in his room, which is situated on the first floor. Upon this, independent witnesses, I.O. along with police officials and father of Hemant Kumar (applicant) reached in his room. Door of the room was opened. One boy was present there, who on seeing the police party, stood up from the doublebed. 9.3 Thereafter, I.O. apprised him about the secret information. On inquiry, said boy disclosed his name Hemant Kumar (applicant) son of Prem Sukh. Thereafter, the room was searched. During search of the room, under the pillow, three pieces of beedi were found along with foil paper and currency note of Rs. 20/. Apart from this, some solid substance wrapped with transparent tape was found, which, on opening was found to be granular shaped solid substance. On checking, the said substance was
6 2025:HHC:36371 found to be heroin/chitta, which on weighing, the same was found to be 27 gram of Chitta. 9.4 After completion of other codal formalities, the FIR was registered and accused was arrested on 22.04.2025, at about 10:00 pm. Other codal formalities were completed. The contraband was sent to SFSL Junga, from where, positive report has been received. On the basis of the blood samples, Section 27 of the ND&PS Act was added, in this case.
9.5 According to the police, apart from the present case, two more cases are found to have been registered against the applicant, i.e. case FIR No. 190/2016, dated 01.10.2016, under Sections 324, 323, 34 of IPC, registered with Police Station Manali, District Kullu, which is stated to be pending and another case FIR No. 47/2024, dated 22.02.2024, under Sections 21, 29 of ND&PS Act, with Police Station Sadar Mandi, which is pending adjudication in the competent Court of law. 9.6 As per the police, after completion of investigation, chargesheet has been filed in the Court of
7 2025:HHC:36371 learned Sessions Judge Mandi on 18.06.2025 and the case is now fixed for consideration on charge. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. First of all, coming to the registration of two cases against the applicant, as highlighted in the status report, are concerned, admittedly, in none of the cases, the applicant has been convicted by the competent Court of Law. 12. Moreover, the status report is totally silent about the fact whether any effort has been made by the police to get the bail granted to the applicant in the said cases, by the competent Court of Law, cancelled. 13. The police has filed the chargesheet and case is now listed for consideration of charge. As such, it can be said that the custodial interrogation of the applicant is not required by the Police. Moreover, the chances of conclusion of the trial against the applicant, in near future, are not so bright. 14. Admittedly, the contraband, which is recovered, in the present case, including the contraband, which has
8 2025:HHC:36371 been recovered from the possession of accused Hemant Kumar (applicant), does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the ND&PS Act are not applicable. 15.
The applicant is permanent resident of District Mandi, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 16. 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. 17. At the time of deciding the bail application, detailed discussion about the merits and demerits of the case of the prosecution should be avoided, as the same could cause prejudice to the case of the prosecution, as well as, the case of the accused persons. 18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released
9 2025:HHC:36371 on bail in case FIR No. 100 of 2025, dated 22.04.2025, registered, under Sections 21 and 29 of the NDPS Act, with Police Station Sadar, District Mandi, H.P., on his furnishing personal bonds, in the sum of Rs. 50,000/, with one surety, in the like amount, to the satisfaction of learned trial Court. 19. 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.”
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.
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21. 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.
22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Mandi, through email, with a direction to enter the date of grant of bail in the eprison 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, District Jail Mandi is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of Jail, 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 31st October, 2025 (Pramod Kumar) PRADEEP Digitally signed by PRADEEP Date: 2025.10.31 14:14:05 +0530