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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MMO No. : 954 of 2025 Decided on : 26.09.2025 Harshit Mahajan …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. Anshuman Thakur and Mr. Aradhya Sood, Advocates. For the respondent : Ms. Ranjna Patial, Deputy Advocate General. Virender Singh, Judge
(Oral) By way of the present petition, indulgence of this Court has been sought to release the petitioner on interim bail, in FIR No.163 of 2025, dated 16.08.2025, registered, under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Nurpur, District Kangra, H.P., for a period of four days, i.e., w.e.f. 30.09.2025 to 04.10.2025, enabling the petitioner to 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 participate in the marriage of his real sister, which as per the wedding card is scheduled to be held on 1st and 2nd October, 2025. 2. According to the petitioner, contraband allegedly recovered, in the present case, is Chitta, weighing 6.36 grams, which, admittedly 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. 3. As per the petitioner, he has filed regular bail application, bearing bail application No.184 of 2025, before the learned Additional Sessions Judge Nurpur, which was now listed for 6th October, 2025. 4. The circumstances, which compels the petitioner to approach this Court, has been pleaded that the learned Additional Sessions Judge, Nurpur is on leave from 24.09.2025, onwards, as such, the present petition has been filed, seeking the relief of interim bail for the period, as aforementioned, in order to participate in the marriage of his sister. 3
5. When put to notice, the police has filed the status report, disclosing therein, that on 16.08.2025, HC Narender Kumar, I.O. CIA Wing, has submitted a rukka to the Police Station Nurpur, disclosing therein that on 16.08.2025, he, along with other police officials, was on patrolling duty and duty to detect the crime relating to excise and Narcotic.
He received a secret information regarding indulgence of Kushvesh Sharma and Harshit Mahajan, in the business of selling chitta and according to the information, both of them are coming from Pathankot to Nurpur side, along with chitta in their vehicle, bearing registration No.HP57A0818 Swift Dzire. It has also been informed that in case the said vehicle is intercepted and searched, large quantity of chittta could be recovered. On the basis of the said information, the vehicle was intercepted at about 5.00 p.m., where picketing was done. 6. Thereafter, in the search of the vehicle, 6.36 grams of Chitta was found and in the vehicle Kushnivesh Sharma and Harshit Mahajan (applicant) were found travelling. 4
7. After completion of the codal formalities, the police registered the FIR and the accused persons were arrested. 8. Since, the petitioner approached this Court for grant of interim bail, as such, detailed discussion on the merits of the case, has been avoided, as the same would cause prejudice to the case of the prosecution, as well as, that of the accused, as the regular bail application filed by the applicant is pending adjudication before the Court of learned Special Judge, Nurpur, however, considering the fact that the contraband, so recovered, in the present case, as well as the stage of the investigation, coupled with the fact that marriage of the real sister of the petitioner has been fixed for 1st and 2nd October 2025, the present petition is allowed by releasing the petitioner on interim bail w.e.f. 30.09.2025 to 04.10.2025 in the case, as mentioned above, on his furnishing personal bail bond, in the sum of Rs.20,000/, with one surety, in the like amount, to the satisfaction of learned Additional Chief Judicial Magistrate Nurpur/any Judicial Magistrate First Class, posted in
5 District Kangra.
This order, however, shall be subject to the following conditions: a) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; b) The applicant will appear before the learned trial Court on the date fixed and in case of any inability to appear, he will move application seeking exemption; c) The 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; d) The applicant shall not visit only those places, which are necessary, in order to complete the work, for which, the interim relief has been granted to him; and e) The applicant shall not leave the territory of India without the prior permission of the Court. 10. The applicant is directed to surrender, before the jail authorities, on 05.10.2025, positively by 10.00 am. 11. Any of the observations, made hereinabove, 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. 6
12. Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Dharamshala, District Kangra through email, with a direction to enter the date of grant of interim bail in the e prison software. ( Virender Singh ) Judge September 26, 2025(ps) KALPANA Digitally signed by KALPANA Date: 2025.09.27 13:00:58 +0000