Extracted from the PDF above. The PDF is authoritative.
2025:HHC:34329 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 2348 of 2025 Reserved on : 07.10.2025 Decided on : 10.10.2025 Naveen
…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. Abhimanyu Thakur, Advocate. For the respondent : Mr. Tejasvi Sharma, Mr. Mohinder Zharaick, and Mr. H.S. Rawat, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Devender Kumar No.153, Police Station East, District Shimla, H.P. Virender Singh, Judge ApplicantNaveen, 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 the trial, arising out of FIR No.63 of 2025, dated 17.07.2025, registered, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:34329 (hereinafter referred to as the ‘NDPS Act’), with Police Station, East, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested, by the Police, in this case. 3. As per the applicant, he has no concern whatsoever, with the crime, in question, for which, he has been arrested, in the present case. 4. It is the further case of the applicant that 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 NDPS Act are not applicable, in the present case. 5. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special Judge, Shimla, however, his application has been dismissed on 23.08.2025. 6. According to the applicant, his coaccused Prince Thakur and Ravinder Kumar, have already been released on bail, by the Court of learned Special Judge, Shimla vide order dated 07.08.2025. As such, on the
3 2025:HHC:34329 ground of parity, he is also entitled to relief, as claimed, in the application. 7. Apart from this, Mr. Abhimanyu Thakur, Advocate, 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 application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 17.07.2025, HC Puneet No.54, I.O. Special Cell, Shimla, along with other Police officials, under the leadership of ASI Sushil Kumar, was on patrolling duty, towards Kasumpati, Vikasnagar etc., side. 9.1. At that time, the I.O. HC Puneet, received a secret information that at the building known as Thakur Niwas, Ravinder Kumar son of Manohar Lal, in his residential quarter, along with his friends Prince Thakur and Naveen Kumar, is indulged in the business of selling heroin/Chitta. 4 2025:HHC:34329
9.2. As per the information, in case the said room is raided, then large quantity of contraband i.e. Chitta/ Heroin could be recovered. The said information was found to be authentic and reliable. 9.3. According to the I.O., in case of delay, the contraband, could be removed from there. As such, information under Section 42(2) of the NDPS Act, was prepared and submitted to the superior officer. 9.4. Thereafter, the police party had proceeded towards Thakur Niwas side. On the way, Ward Member, Shakuntla Sharma, was requested on phone to come to the spot, i.e. Thakur Niwas. At about 4.40 p.m., when the I.O., along with the police party, reached on the spot, then a lady was found present there, who, on inquiry, disclosed her name as Shakuntla Sharma, Ward Member, Gram Panchayat, Pujarli. She was associated in the investigation. 9.5. Thereafter, the I.O., knocked the door of a room, in the first floor of Thakur Niwas. After sometime, a person opened the door, to whom, the I.O., has given his introduction and he was directed to come out, upon which, the said person, along with his two other friends, come out. 5 2025:HHC:34329 On inquiry, they disclosed their names; as Ravinder Kumar, Naveen Kumar, and Prince Thakur. 9.6. Thereafter, the I.O. apprised them about the factum of receiving the secret information.
The police party had given their personal search to the said three persons. Thereafter, the room was searched. In the room, one folding bed was there and one bed was found on the floor. In the pillow of the bed, which was on the floor, on Syringe, a half burnt currency note of Rs.20/ and one plastic transparent packet were found. When the said plastic box was opened, the same was found containing a transparent polythene envelope, which was found containing the light cream and black coloured substance, which was found as Chitta/Heroin. On weighment, the said Chitta was found to be containing 6.140 grams. The said contraband was taken into possession. 10. After completion of the codal formalities, the FIR was registered and the accused persons were arrested. Thereafter, the contraband was sent to SFSL Junga, from where, positive report has been received. 6 2025:HHC:34329
11. It is the further case of the police that during the investigation, applicant Naveen allegedly disclosed that he is in the business of celling/purchasing Chitta and for that purpose, he is not using his bank account rather, he is using the bank account of Purnima Devi @ Poonam, who is residing with him, without marriage from the year 2020 and for making the payment, the applicant used to operate through bank account of said Purnima Devi @ Poonam. 12. The prayer for bail has also been opposed on the following facts: i) that the applicant has concealed the material facts and not cooperated with the investigation; ii) that in case, the applicant is released on bail, he may tamper with the evidence, and may also coerce the witnesses and allure them to depose in his favour; iii) that in case the applicant is released on bail, he may again indulge in the same activities and to ruin the future of younger generation; iv) that in case the applicant is released on bail, it will encourage other persons to indulge in the same activities. 13.
13. It has also been mentioned in the status report that as per the record, following three cases are found to have been registered against the applicant :
7 2025:HHC:34329 i) FIR No.41/2023, dated 12.02.2023, registered under Sections 21 and 25 of the NDPS, with Police Station Boileauganj, District Shimla. ii) FIR No.163/2023, dated 17.07.2023, registered under Sections 21 and 29 of the NDPS Act, with Police Station Sadar Bilaspur, District Bilaspur, H.P. iii) FIR No.224 of 2024, dated 18.10.2024, under Sections 21, 25 and 29 of the NDPS Act, with police Station Sadar Bilaspur, District Bilaspur, H.P.
14. It is the further case of the police that investigation, in the present case, is complete and the chargesheet has been filed, in the Court of learned Sessions Judge, Shimla on 12.09.2025. 15. On the basis of the above facts, a prayer has been made to dismiss the application. 16. Admittedly, 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 NDPS Act are not applicable, in the present case. 17. The investigation, in the present case, is complete and the applicant is in judicial custody. The co accused of the applicant have already been released on bail, by the learned Special Judge, Shimla. Considering the said fact, this Court is of the view that no useful purpose would be served by keeping the applicant, in
8 2025:HHC:34329 judicial custody, that too, for indefinite period, as the chances of commencement and conclusion of the trial, against the applicant, in near future, are not so bright. 18. Moreover, the application cannot be rejected as a matter of punishment, as pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 19. So far as registration of three cases, that too, under the provisions of NDPS Act, are concerned, admittedly, in those cases, the applicant has not been convicted by the competent Court of law. 20. 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. 21. Moreover, the status report is totally silent about the fact that whether any effort has been made by the Police to get the bail, in those cases, cancelled. 22.
Even otherwise, the applicant is also entitled to grant of bail on the basis of parity, as his coaccused, have
9 2025:HHC:34329 already been released on bail, by the learned Special Judge, Shimla. 23. 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 on bail, in case FIR No.63 of 2025, dated 17.07.2025, registered, under Sections 21 and 29 of the NDPS Act, with Police Station, East Shimla, District Shimla, 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. 24. 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
10 2025:HHC:34329 d) Applicant shall not leave the territory of India without the prior permission of the Court.”
25. 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. 26. 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. 27.
The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kaithu, District Shimla, through email, with a direction to enter the date of grant of bail in the eprison software. 28. 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, Kaithu, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail, Kaithu, District Shimla, is further directed that if the applicant fails to furnish the bail bonds, as per the order
11 2025:HHC:34329 passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court. ( Virender Singh ) Judge October 10, 2025(ps) PRADEEP Digitally signed by PRADEEP Date: 2025.10.10 13:23:59 +0530