Extracted from the PDF above. The PDF is authoritative.
2025:HHC:23014 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 1529 of 2025 Reserved on : 09th July, 2025 Decided on : 17th July, 2025 Sitar Mohammad
…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. K.S. Gill, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Mr. Mohinder Zharaick and Mr. H.S. Rawat,
Additional
Advocates General with Mr. Rohit Sharma, Deputy Advocate General assisted by HC Vijay Kumar, No.45, Police Station Manpura, District Solan, H.P. Virender Singh, Judge ApplicantSitar Mohammad, 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.23 of 2025, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:23014 dated 02.03.2025, registered, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Sections 181 and 207 of the Motor Vehicles Act (hereinafter referred to as ‘the M.V. Act’), with Police Station Manpura, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated at the instance of the Police. He has termed all the allegations, which have been levelled against him, by the Police, as false. 3. It is the further case of the applicant that he belongs to a respectable family and no fruitful purpose will be served by keeping him behind the bars for indefinite period. 4. Applicant has also tried his luck before the learned Special Judge, Nalagarh, District Solan, H.P., by moving similar application, however, the said bail application has been dismissed, vide order, dated 27th May,
2025. 5. As per the applicant, the contraband, allegedly recovered in this case, does not fall within the definition of
3 2025:HHC:23014 commercial quantity, as such, no rigors of Section 37 of the NDPS Act, are not applicable, in the present case. 7. On the basis of the above facts, Mr.
K.S. Gill, 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. Apart from the above facts, the applicant has also sought the relief of bail, on the ground of parity, as his coaccused, namely Jaspal Singh, has already been released on bail, by this Court, vide order, dated 24th June, 2025, passed in Cr.MP(M) No.1290 of 2025. 9. On the basis of the above facts, a prayer has been made to allow the application. 10. When put to notice, the police has filed the status report, disclosing therein, that on 02.03.2025, HC Vijay Chaudhary No.45, I.O., Police Station Manpura submitted a rukka to the Police Station, Manpura, disclosing therein that on 2.3.2025, he, along with other police official, was on patrolling duty and duty to detect crime relating to narcotic drugs. 4 2025:HHC:23014
10.1. At about 5.30. p.m., when, they were present at Bus stop, at village Khera, on National Highway, the I.O. noticed a vehicle bearing No.HP12Q8231, being driven by its driver, coming from Nalagarh side, in which black mesh was put on the rear windowpane. Thereafter, the I.O. had given signal to the said driver to stop the vehicle. 10.2. Consequently, the driver stopped the vehicle on the spot and besides, police party, one Amit Kumar was also present on the spot. In the presence of said Amit Kumar, antecedents of the driver was inquired into, who has disclosed his name as Sitar Mohammad (applicant). 10.3. The said person was found to be perplexed. According to the I.O., there were number of complaints regarding theft in the area, as such, on the suspicion that stolen articles might be in the vehicle, the vehicle was searched. On search, near the gearbox, a transparent envelope was found, containing light yellow coloured granular shaped substance, which, on the basis of the experience and on checking, was found to be Chitta/ Heroin.
Thereafter, the said Chitta was weighed and on weighment, the same was found to be 14.79 grams. 5 2025:HHC:23014
11. After completion of the codal formalities, the FIR was registered and accused Sitar Mohammad (applicant) was arrested. The vehicle, as well as, the contraband, so recovered, was taken into possession. 12. On 3.3.2025, accused Sitar Mohammad (applicant) was produced before the Court, from where, he was remanded to judicial custody till 7.3.2025. Thereafter, proceedings under Section 52A of the NDPS Act, were got conducted and the contraband was sent to SFSL Junga. 13. During investigation, accused Sitar Mohammad (applicant) disclosed that he has purchased the contraband from one person namely Jassi, for a sum of Rs.36,000/ and the amount was given in Village Kalyanpur near bus stop. He has also disclosed that prior to this incident, he had purchased 55 grams Chitta on two occasions from said Jassi for a sum of Rs.15,000/ each. 14. Thereafter, CDR and Consumer Application Form of mobile No.7591011807 obtained. As per the Consumer Application Form, the same was found to be issued in the name of accused Jaspal. As such, his involvement, in the case, was found and thereafter, CCTV
6 2025:HHC:23014 footage of bus stop Kalyanpur was also taken into possession. 15. On 1.5.2025, accused Jaspal, was arrested. The investigation, in the present case, is stated to have been completed and the chargesheet against the applicant, as well as, his coaccused was filed on 14.5.2025, which is pending in the Court of learned Special Judge, Nalagrah. 16. On all these submissions, a prayer has been made to dismiss the application. 17. Investigation, in the present case, is complete. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period, as, the chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. 18.
The applicant is permanent resident of District Solan, 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. 19. Admittedly, the contraband allegedly recovered, in the present case, does not fall within the definition of
7 2025:HHC:23014 ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 20. The role allegedly played by the applicant in the commission of the alleged crime, for which, he has been named, as accused, will be proved during the trial. 21. 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. 22. At the time of deciding the bail application, detailed discussion of the evidence, so collected, by the prosecution or about the defence, which has been taken, by the applicant, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to that of the accused. 23. Moreover, the applicant is also entitled to grant of bail on the basis of parity, as his coaccused, namely, Jaspal Singh has already been released on bail, by this Court, vide order, dated 24th June, 2025, passed in Cr.MP(M) No.1290 of 2025. 8 2025:HHC:23014
24. 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.23 of 2025, dated 02.03.2025, registered, under Sections 21 and 29 of the NDPS Act and Sections 181 & 207 of the M.V. Act, with Police Station, Manpura, District Solan, 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. 25.
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.”
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26. 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.
27. 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.
28. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, SubJail, Nalagarh, through email, with a direction to enter the date of grant of bail in the eprison software.
29. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, SubJail, Nalagarh, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, SubJail, Nalagarh, 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 ) July 17, 2025(ps) Judge Digitally signed by VIKRANT CHANDEL Date: 2025.07.17 13:15:47 IST