2025:HHC:23116 1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 686 of 2025 Reserved on: 7.4.2025 Decided on : 10.4.2025 Manga Singh …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. Arun Kaushal, Advocate. For the respondent : Mr. Mohinder Zharaick, Addl. A.G. Virender Singh, Judge Applicant-Manga Singh, has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for releasing him on bail in case FIR No.42 of 2023, dated 16.03.2023, registered under Sections 15, 21, 25, 29 and 61 of the Narcotic Drugs & Psychotropic 1 Whether Reporters of local papers may be allowed to see the judgment? . 22025:HHC:23116 Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Indora, District Kangra, H.P. 2. As per the applicant, he is innocent person and has falsely been implicated, in the present case. 3. According to the applicant, the said case has primarily been registered against three other accused persons, namely, Aman Kumar, Shibba and Sonu Kumar. In the said FIR, the applicant has been booked under Section 29 of the NDPS Act. 4. In the present case, the applicant was arrested on 18.3.2023 and thereafter, he is stated to be in judicial custody. 5. The investigation, in this case, is stated to be complete and the police has submitted the report, under Section 173(2) Cr.PC. and cognizance has been taken by the competent Court of law. 6. The bail has been sought on the ground that there is undue delay in the completion of the 32025:HHC:23116 trial, as there are 41 witnesses in this case. This fact has been highlighted to show that the chances ofconclusion of trial, against the applicant, in near future, are not so bright. 7. The applicant has also asserted that on the statement of one accused Aman Kumar, in which he has disclosed that the contraband was purchased on the instructions of another accused, namely Sonu Kumar, and the said contraband is stated to be purchased from one Gopi Foreman. On the basis of the said statement, the FIR, in question, was lodged against Sonu Kumar, Aman Kumar and Shibba. 8. During investigation of the case, according to the applicant, accused Sonu Kumar has stated that he used to buy contraband from one Gopi and on 15.3.2023, Sonu Kumar sent the aforesaid accused Aman Kumar and Shibba for purchasing the contraband from Gopi. Accused Sonu Kumar did not mention the name of applicant to be associated in 42025:HHC:23116 the alleged crime. Thereafter, on the statement made by accused Sonu Kumar, police official had visited the house of the applicant, from where, an amount of Rs.2,23,000/- and poppy husk weighing 9.154 kgs were allegedly recovered. 9. The applicant himself has given the detail of the cases, which have been registered against him, by pleading that, although, a stand has been taken by the police before the learned Special Judge about the registration of six cases against the applicant, but, according to him, he is not the primary accused in those cases. According to him, out of these six cases, he has not been named as accused in four cases and in remaining two cases, his name has been mentioned as Manga Singh @ Manga. As such, he is not known by the name of Gopi as alleged. This fact has been highlighted to show that in the statement of accused Aman Kumar, he has named one Gopi Foreman. 52025:HHC:23116 10. According to the applicant, he was not involved in the alleged crime, for which, he has been arrested by the police, in this case. 11. The applicant has also tried his luck before the learned Special Judge, Nurpur, District Kangra, H.P., by filing bail application, however, the said bail application was dismissed by the learned Special Judge, vide order, dated 12.7.2023. Thereafter, he has tried his luck by moving bail application, i.e., Cr.MP(M) No.2857 of 2023 before this Court, which has also been dismissed on 14.12.2023. Thereafter, Cr. M.P. (M) No. 2116 of 2024 has also been dismissed, on 4.10.2024. 12. Apart from this, the learned 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. 62025:HHC:23116 13. On the basis of the above facts, a prayer has been made to allow the application. 14. When put to notice, police has filed the status report, disclosing therein that on 15th March, 2023, ASI Chaman Singh, alongwith other police official, was present near SDM office, Indora. At about 10.00 p.m., I.O. ASI Chaman Singh received a secret information regarding the fact that two boys, namely, Aman and Child in Conflict with Law (CCL) are doing the business of heroin/chitta and they are coming from Kathgarh side to Indora in car No. HP-12J-7996. As per the information, if the said car is intercepted and searched, then, contraband in large quantity could be recovered. On this information, I.O complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the SDPO Nurpur, through constable Paramjeet. 14.1 Thereafter, two persons, namely, Mohan Singh and Roshan Lal, who were found near SDM 72025:HHC:23116 office, Indora were associated in the raiding party, as independent witnesses. Thereafter picketing was done at place Kathgarh Road, which is stated to be 50 mtrs. away from the SDM office. 14.2 At about 10.25 p.m., I.O noticed one Alto Car, bearing registration No.HP-12J-7996, being driven by its driver, coming from Kathgarh side, in which, besides the driver, one person was sitting on the front seat. The police gave signal to stop the car. Consequently, the car was parked on the brim of the road. On inquiry, both the persons have disclosed their names as Aman Kumar and CCL. Both these persons were apprised about the reason for search of their vehicle, upon which, both of them had given their consent to search. 14.3 After giving their personal search, IO ASI Chaman Singh conducted the search of the car. When, bonnet of the car was opened, it was found that the contraband, i.e., heroin/chitta weighing 260 82025:HHC:23116 grams was kept concealed in the bonnet. The contraband was taken into possession. Other codal formalities were completed. The said vehicle was found to be registered in the name of one Man Singh, S/o Amar Singh. 14.4 Accused Aman has disclosed that recovered heroin was purchased by him for a sum of Rs.3 lacs on 15.3.2023 from a person at Jalandhar, whose name, the accused has saved in his mobile phone as “Gopi Formen” (applicant). The said amount was given to him by Sonu, S/o Sham Lal. On the earlier occasion also, Sonu, on the reference made by accused, used to purchase heroin/chitta from the said person and also assured to give Rs.15000/- to them for transporting the heroin from Jalandhar. 14.5 After completion of the codal formalities, the FIR, in question, was registered, against the applicant as well as his co-accused. 92025:HHC:23116 14.6 After the registration of the FIR, SI Naresh Kumar has been deputed as second IO in this case, who has recorded the statements of the witnesses under Section 161 Cr.PC. Thereafter, accused-Aman Kumar was arrested on 16.3.2023 at about 4.40 a.m. However, CCL was found juvenile, as such, he was not arrested. The contraband, so recovered, was produced before the Inspector SHO alongwith both the accused. 14.7 During investigation, third accused namely, Sonu, S/o Sham Lal was associated in the investigation and accused Sonu was arrested on 16.3.2023 at about 8.30 a.m. Accused-Aman Kumar and Sonu were produced before the court on 16.3.2023 and they were remanded to police custody till 18.3.2023. 14.8 As per the status report, during investigation, accused Sonu Ram has made the statement under Section 27 of the Indian Evidence 102025:HHC:23116 Act, disclosing therein that he used to purchase heroin/chitta from Gopi, R/o Kartarpur, Distt. Jalanadhar and on 15.3.2023, he deputed Aman and CCL to bring heroin/chita from Gopi from his village Kartarpur and they were sent through his vehicle No.HP-12J-7996. According to him, he can identify the lanterposh house of Gopi and also identify Gopi. 14.9 On 18.3.2023, accused Sonu identified accused Manga Singh alias Gopi (applicant), as the person, from whom, he used to purchase heroin/chitta. Real name of accused was found as Manga Singh @ Gopi, S/o Dalip Singh. After giving personal search by the raiding party, residential quarter of Manga Singh @ Gopi was conducted. 14.10 During search of the room, a black coloured envelop was recovered from the right drawer of the bed box. On checking, currency notes of the denomination of Rs.2000/-, 500/-, 200/- and 100/- were recovered. One plastic sack was also 112025:HHC:23116 recovered from the kitchen of the applicant, which, on checking was found containing poppy husk. On counting, currency notes were found to be Rs.2,23,000/- and poppy husk, on wheighment, was found to be 9.514 kilograms. After finding sufficient material against applicant Manga Singh, he was also arrested. 14.11 After completion of the investigation, report under Section 173(2), Cr.PC has been submitted before the learned Trial Court. 14.12 It is further case of the police that on 15.3.2023 when, accused Aman Kumar and Sonu Ram have disclosed, on inquiry, that they were deputed by accused Sonu to bring heroin/chitta from Manga Singh @ Gopi (applicant), accused Sonu had paid a sum of Rs.3 lacs in cash to them. Accused Aman and CCL had gone in the car owned by Sonu and purchased 260 grams heroin against this amount. 122025:HHC:23116 15. Apart from this, the police has given the criminal history of the applicant, which is reproduced as under:- Sr. No. DETAIL OF FIR NAME OF PS STATE 1 FIR No.05 DTD 17- 01-15 U/S 21, 22-61- 1985 ND&PS Act. PS SUBHANPUR Pb 2 FIR No.90 DTD 09/06/17 U/S 22-61- 1985 ND&PS Act. PS SUBHANPUR Pb 3 FIR No.113 DTD 27- 07-17 U/S 22-61- 1985 ND&PS Act. PS SUBHANPUR Pb 4 FIR No.01 DTD 10- 01-20 U/S 21, 22, 27, 29-61-1985 ND&PS Act. PS SUBHANPUR Pb 5 FIR No.68 DTD 29- 08-22 U/S 21, 22-61- 1985 ND&PS Act. PS BEGOWAL Pb 6 FIR No.92/21 DTD 22-05-21 U/S 22, 29- 61-1985 ND&PS Act. PS SUBHANPUR Pb 7 FIR No.97 DTD 30- 05-21 U/S 22, 29-61- 1985 ND&PS Act. PS Pb 132025:HHC:23116 SUBHANPUR 8 FIR No.51/23 U/S 302, 365, 379, 411 IPC PS NAVI BARADARI Pb 16. As per the stand taken by the police, the applicant, who is described as Manga Singh @ Gopi is stated to be the main kingpin of the illegal business of narcotics. According to the police, the applicant has sold 260 grams of heroin/chita, which is commercial quantity. Contraband was sold to accused Aman Kumar on the demand being made by accused Sonu. During the search of his quarter, currency notes worth Rs.2,23,000/- was found. 17. Lastly, it has been apprehended that in case, the applicant is released on bail, he may coerce the witnesses and allure them to depose in his favour and may again indulge in the same activities. 18. The mobile phones of all the accused are stated to have been sent to RFSL, Dharamshala for 142025:HHC:23116 retrieving the data and report has been received on 11.6.2023. 19. As per the status report, only six witnesses are left to be examined and the case is listed for PWs, on 28.4.2025. 20. On all these submissions, a prayer has been made to dismiss the application. 21. Heard. 22. So far as the ground, upon which the applicant has sought his release on bail, i.e., delay in the trial, is concerned, learned counsel, appearing on behalf of the applicant, has relied upon the decision of Hon’ble Supreme Court in Criminal Appeal No.Nil of 2024 arising out of SLP(Criminal) No.8781 of 2024 titled as Manish Sisodia Vs Directorate of Enforcement. With due respect to the law laid down by the Hon’ble Apex Court in the said case, the same, in no way, is applicable to the case of the applicant, as, the applicant before the 152025:HHC:23116 Hon’ble Apex Court was arrested in a case, which was registered under the provisions of Prevention of Corruption Act and Indian Penal Code, as well as, under Section 3 of Prevention on Money Laundering Act, whereas, in the present case, the applicant has been named as accused in a case, where, the punishment, which has been provided by the legislature in its wisdom, is not less than 10 years, which may extend upto 20 years and fine. Also, in the case before the Hon’ble Apex Court, the trial had not commenced, whereas, in the present case, trial has not only commenced, but, only six witnesses are left to be examined. For that purpose, case is now listed for 28.4.2025, and total 39 witnesses are there. As such, it cannot be stated that there is inordinate delay, in the trial. 23. So far as the judgments of this Court, relied upon by the learned counsel for the applicant in Cr. M.P. (M) No. 1837 of 2023, titled as, ‘Gurdeep Singh 162025:HHC:23116 @ Ricky versus State of H.P., decided on 27.7.2023, Cr. M.P. (M) No. 661 of 2023, titled as, ‘Aman Verma versus State of H.P.’, decided on 31.3.2023, Cr. M.P. (M) No. 1166 of 2023, titled as, ‘Rajender Sharma versus State of H.P.’, decided on 15.6.2023, Cr. M.P. (M) No. 1990 of 2023, titled as ‘Dinesh Verma @ Vicky versus State of Himachal Pradesh’, decided on 11.8.2023, Cr.M.P.(M) No. 2123 of 2023, titled as, ‘Guddu versus State of H.P., decided on 25.8.2023, Cr. M.P.(M) No. 1410 of 2023, titled as, ‘Dinesh Thakur versus State of H.P., decided on 19.6.2023 and Cr. M.P. (M) No. 127 of 2023, titled as, ‘Gurdeep Singh versus State of Himachal Pradesh’, decided on 23.1.2023, are concerned, these judgments, in no way, help the case of the applicant, as the facts and circumstances of the present case, are different from the aforesaid cases, as the applicants in the aforesaid cases, have not been convicted, whereas, in this case, applicant, as per the status report, has 172025:HHC:23116 been convicted in two cases, and both the cases were registered under the provisions of NDPS Act. 24. Admittedly, the contraband, recovered in this case, as per the story of the police, is commercial in nature and if, it has been held that the said contraband falls within the definition of ‘commercial quantity’, in that case, rigors of Section 37 of the NDPS Act are fully applicable, in the present case. 25. When, the rigors of Section 37 of the NDPS are applicable, in that eventuality, before releasing the accused (applicant) on bail, this Court has to satisfy the twin conditions as per Section 37(b) of the NDPS Act by holding that the accused (applicant) has not committed the offence and in case, he is ordered to be released on bail, he will not commit any offence. 26. Keeping in view the facts and circumstances narrated above, the twin conditions as per Section 37(b) of NDPS Act are not in favour of the applicant. 182025:HHC:23116 27. Moreover, at the time of deciding the question of bail, a delicate balance between the individuality and the larger interest of the society is to be maintained. 28. Considering all these facts, the applicant is not able to make out a case for grant of bail, at this stage. Consequently, the bail application is dismissed. 29. 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. ( Virender Singh) Judge April 10, 2025 (kalpana)