1 2025:HHC:44343 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2943 of 2025 Decided on : 16.12.2025 Suresh Chand …Applicant Versus State of H.P. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Applicant in person with Mr. Arvind Sharma, Advocate. For the respondent : Mr. H.S. Rawat, Addl. A.G. with Ms. Rohit Sharma, Dy. A.G. Virender Singh, Judge (oral) The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 66 of 2025, dated 18.11.2025, registered under Sections 20, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’), with Police Station, Shillai, District Sirmour, H.P. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:44343 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above- mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, he is innocent person and has falsely been implicated in the present case. 4. According to the applicant, other accused, after their arrest, have named him, whereas, he had lent a sum of Rs. 55,000/- to Ram Chand. Out of said loan, Ram Chand had returned a sum of Rs. 10,000/- on 7.8.2025 and Rs. 45,000/- on 18.11.2025, through G Pay. All these facts have been pleaded to demonstrate that he has no role to play in the crime in question. 5 The applicant has tried is luck by moving bail application, before the learned Special Judge-I, 3 2025:HHC:44343 Sirmour District at Nahan, however, the same has been dismissed on 15.12.2025. 6. The applicant has given certain undertakings, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 7. On the basis of above facts, applicant has sought the relief, as claimed in the present bail application. 8. When, put to notice, the Police has filed the status report, disclosing therein, that on 18.11.2025, Constable HC Pramod No. 74 has submitted a ruqua to Police Station, Shillai, disclosing therein that on the aforesaid date, he alongwith, other police officials, was on patrolling duty, as well as, duty to detect the crime, relating to excise and narcotics. At about 2:05 a.m., one car was coming from Ronhat and moving towards Shillai. The I.O. signalled to stop the vehicle, upon which, the driver of the said car stopped the car on the wrong side of the road. Two persons were found 4 2025:HHC:44343 sitting in the car. The registration of the car was found to be HP01N0502. The person, who was sitting by the side of the driver, was having a carry bag in his lap. Both the persons got perplexed, upon which, the IO inquired from the person, sitting on the conductor side about the contents of the carry bag and also inquired from the driver as to why he has parked the car on the wrong side of the road. Both the persons could not give any satisfactory answer to the query put by the I.O., upon which, the I.O. developed a suspicion that the carry bag, held by person, sitting on the conductor seat, might be containing some objectionable item. As such, he has decided to search the car and the bag. 8.1 Since, it was odd hours of the night, as such, no person was found there, upon which, a police official, telephonically apprised the Up-Pradhan of Shiri Kiari and requested him to come present to the spot. At about 2:20 a.m., the Up-Pradhan, alongwith one another local person, namely Kali Ram came 5 2025:HHC:44343 there. Both of them were associated in the investigation as independent witnesses. In the presence of independent witnesses, names and addresses of the occupants of the car were inquired. On inquiry, one person has disclosed his name as Ram Chander, whereas, the other person has disclosed his name as Tula Ram. Thereafter, the carry bag was searched, which, on opening, was found containing a white coloured envelope, in which, stick shaped black coloured substance was found, which, on the basis of smell and experience was found to be charas. The identification memo was prepared and on weighing, the charas was found to be 1 kg 584 grams. 8.2 Other codal formalities were completed and vehicle was taken into possession. The ruqua was prepared, on the basis of which, FIR was registered. 8.3 Both the accused Tula Ram and Ram Chand were arrested at about 7:05 a.m. on 18.11.2025. Thereafter, both the accused were medico-legally examined at CHC Shillai. On 18.11.2025, accused 6 2025:HHC:44343 persons were produced before the Court of learned JMFC, Shillai, District Sirmour, HP and contraband was produced before the Court, where, inventory proceedings under Section 52(2) of the ND&PS Act were conducted. Thereafter, the contraband was grinded, which, on weighment was found to be 1 kg 506 grams. Two samples of 40-40 grams were separated. The samples were sent for chemical analysis to SFSL, Junga. 8.4 Thereafter, authorization was obtained from the SDPO office Paonta Sahib to search the houses of accused Ram Chander and Tula Ram, but nothing incriminating was found. 8.5 During investigation, accused Ram Chander has disclosed that he had discussed about the purchase of the charas from a person, who is resident of Kupvi and consulted with his cousin Tula Ram, who drives taxi in Shimla. Thereafter, both of them had gone to Kupvi in car No. HP01N0502. At about 6 p.m., they reached Kupvi, where they had purchased charas 7 2025:HHC:44343 from Suresh Chand (applicant) for a sum of Rs. 90,000/-. The amount of Rs. 45,000/- was paid to Suresh Chand, through G-Pay. Rest of the amount was agreed to be paid after selling the Charas. Similar version has been given by accused Tula Ram. 8.6 During police custody, accused Ram Chander has also disclosed that he has purchased charas from Suresh Chand (applicant) R/o Kupvi. Thereafter, bank record from UCO Bank, Branch Shillai was obtained. As per the bank document, on 17.11.2025, a sum of Rs. 45,000/- was transferred twice in bank account No. 17280110015216. The said account was found to be in the name of Suresh Chand (applicant) As such, upon the involvement of the applicant, in the present case, Section 29 of the NDPS Act was added, in this case. 8.7 On the basis of above facts, it has been prayed that on the basis of evidence, so collected, the custodial interrogation of the applicant is required, in the present case. 8 2025:HHC:44343 8.8 On the basis of above facts, a prayer has been made to dismiss the application. 9. Heard. 10. It has vehemently been argued by learned counsel for the applicant that he had lent a sum of Rs.55,000/- to Ram Chander and the same amount was allegedly returned by him on 17.11.2025 and a sum of Rs. 45,000/- was returned on 18.11.2025, whereas, according to the Police, an amount of Rs. 44,000/- was found to have been transferred on 17.11.2025, from the account of Ram Chander at 6:20 p.m. From the account of accused Ram Chander, a sum of Rs.1,000/- was found to have been transferred through G-Pay in the account of Suresh Chand (applicant), whereas, no transaction was found to be made on 18.11.2025, as per the status report. 11. Moreover, at the time of deciding the application for bail, a detailed discussion about the merits of the case, should be avoided, as the same 9 2025:HHC:44343 would cause prejudice to the case of the prosecution, as well as, to the case of accused. 12. Considering the fact that involvement of the applicant has been found, not only on the basis of disclosure statement, but on the basis of documentary evidence, i.e. statement of account, as mentioned in the status report, this Court is of the view that twin conditions, as enumerated in Section 37(1)(ii) of the NDPS Act, are not existing, in favour of the applicant. 13. In the case, where commercial quantity is involved, it is incumbent upon this Court to record the findings, which should be more than prima-facie finding, about the existence of the twin conditions, by recording positive findings about the fact that applicant is not guilty of such offence and while on bail, he will not commit any offence. 14. At this stage, from the stand taken by the Police, especially about the bank transactions, which were done on 17.11.2025, this Court is not in a 10 2025:HHC:44343 position to record the positive findings, in favour of the applicant. 15. Moreover, passing any direction under Section 482 of the BNSS in such type of cases, would give a wrong signal to the society that after committing such a henious crime, the person is moving freely in the society. 16. Considering the aforesaid facts, the applicant is not able to make out a case for bail, in his favour. Consequently, the present application is dismissed. 17. 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 applications. (Virender Singh) Judge December 16, 2025 Kalpana