2025:HHC:34322 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2322 of 2025 Reserved on : 6 .10.2025 Decided on : 10.10.2025 Gurjent Singh …Applicant Versus State of H.P. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Mr. Panku Chaudhary, Advocate. For the respondent : Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocate Generals with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge Applicant Gurjent Singh has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 41 of 2025, dated 24.3.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 22025:HHC:34322 (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Aut, District Mandi, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. According to the applicant, the contraband involved 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 this case. 4. The applicant has tried his luck by moving bail application No. 203 of 2025, before the Court of learned Special Judge-III, Mandi, H.P., however, the same was dismissed on 2.7.2025. 5. According to the applicant, he is in judicial custody from the last five months and his co-accused Asandeep Singh has already been released on bail, by 32025:HHC:34322 the learned trial Court. As such, the relief of bail has also been sought on the ground of parity. 6. Further, relief of bail has been sought on the ground that investigation, in the present case is complete and nothing is to be recovered from the applicant, or at his instance. 7. 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. 8. On these submissions, a prayer has been made to allow the bail application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 23.3.2025, H.C. Vikas Thakur, alongwith other police officials, was present on patrolling duty and duty to detect the crime, relating to excise in private vehicles Nos. HP52A-3244 and HP58-8188. While conducting patrolling in Bajaura-Jheedi-Banala-Aut area, when, the I.O. was in Aut market, he received a secret 42025:HHC:34322 information that two persons, who were not residents of Himachal Pradesh, are about to deliver the consignment of heroin/chitta near ‘18 Pede Shani Mandir’, and in case, the said persons are nabbed, then, large quantity of heroin/chitta could be recovered from them. The said information was found to be authentic and reliable. As per the I.O., in case, search warrant is obtained, in that eventuality, delay could be caused and there is every possibility that the contraband could be removed from there. As such, the I.O. has complied with the provisions of Section 42 (2) of the NDPS Act and submitted the information to the Dy.S.P. Hem Raj Verma ANTF (F.U.), Kullu. 9.1 Thereafter, the I.O., alongwith other police officials, proceeded towards the spot. He reached at the spot at about 10:15 p.m. After sometime, a vehicle bearing registration No. HP-01K-8918, being driven by its driver, was found coming from Aut side. The IO signalled to stop the vehicle. The driver of the said car, on inquiry, has disclosed his name as Teja Singh. He 52025:HHC:34322 was apprised about the secret information and was requested to be the independent witness, to which, he agreed. 9.2 At about 10:50 p.m., the Police team noticed that two persons were found going on foot. One person was having a carry bag in his right hand. Thereafter, the I.O. intercepted those persons. The person, who was having carry bag in his hand, was inquired about his name and address, upon which, he disclosed his name as Gurjent Singh, S/o Mahinder Singh, R/o VPO Mangomahal, Tehsil Ajnala, District Amritsar, Punjab (applicant) whereas, another person has disclosed his name as Asandeep Singh S/o Paramjeet Singh, R/o H.No. 762, Mohalla Vijaynagar Joda Fatak Amritsar, Punjab. The I.O. gave his identification, as well as, of other police officials to the aforesaid persons and apprised them about the secret information, which the I.O. had received. 9.3 Thereafter, the I.O. inquired about the contents of the carry bag, which, the applicant was 62025:HHC:34322 carrying, upon which, the aforesaid persons got perplexed and could not give any satisfactory answer. The carry bag was searched, in which 38 grams of heroin/chitta was found. Other codal formalities were completed. 9.4 After registration of the case, accused persons were arrested and the contraband was sent to SFSL, Junga, from where, positive report has been received. 9.5 It is the further case of the Police that when the antecedents of the applicant were ascertained, then, six cases were found to have been registered, against him, details of which, are reproduced as under: i) FIR No. 76/2018, Dated 1.6.2018, under Sections 392, 382, 473,, 489, 120-B, 148, 149 IPC and under Sections 25-54-59 of NDPS Act, P.S. Giddarbaha; ii) FIR No. 59/2018, dated 24.7.2018, under Sections 392, 382, 384, 437, 506, 148, 149, 120-B IPC, 18-22- 29 NDPS Act, 25-54-59 Arms Act, P.S. SadarRajpura, District Patiala; iii) FIR No. 101, dated 8.6.2018, u/s 382 IPC, 22-61- 85 of NDPS Act, 25-54-59 Arms Act, P.S. Bagha Purana Distt. Moga; iv) FIR No. 70/19, dated 5.6.2019, u/s 188 IPC 52 Jail Mannual Act, P.S. Cantt. Bathinda, Distt. Bathinda; v) FIR No. 108, dated 26.6.2023, u/s 21/22/28-61-85 Act 10/11/2013 Aircraft Act 1934 P.S Lopoke; vi) FIR No. 43/2023, u/s 379-B, 232, 324, 148 IPC, P.S. Ajnala. 72025:HHC:34322 9.6 It is the further case of the Police that investigation of the present case is complete and the case is now listed before the learned Special Judge-III, Mandi, H.P. for Consideration on Charge. 9.7 On the basis of above facts, a prayer has been made to dismiss the bail application. 10. Although, in this case, investigation is complete and the contraband, so recovered, does not fall within the definition of ‘commercial quantity’, but on the ground of concealment of fact, which, according to the considered opinion of this Court is a vital point to consider the right of the applicant to be released on bail, he is not entitled to be released on bail. 11. The previous history of the applicant has actively been concealed, despite the fact that the learned Special Judge-III, Mandi, District Mandi, H.P. has dismissed his bail application, on the ground that case of similar nature was found to have been registered against him. However, despite the said fact, the applicant has not bothered to mention these 82025:HHC:34322 material facts in the bail application. Whenever, a person is approaching the Court for bail, it is expected from him to mention all the material facts, including his criminal history. 12. Considering these facts, at this stage, the applicant is not able to make out a case, for releasing him on bail, on the ground of concealment of material facts, regarding registration of the earlier cases, against him. As such, the applicant is not entitled for relief of bail, even on the ground of parity. 13. Consequently, the present application is dismissed. 14. 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. (Virender Singh) Judge October 10, 2025 Kalpana