Extracted from the PDF above. The PDF is authoritative.
2025:HHC:42549 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 2767 of 2025 Reserved on : 05.12.2025 Decided on : 09.12.2025 Ruby
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Vinod K. Gupta and Ms. Shwetima Dogra, Advocates. For the respondent : Mr. Tejasvi Sharma & Mohinder Zharaick, Additional A.Gs. with Ms. Ranjna Patial, Deputy A.G. Virender Singh, Judge ApplicantRuby has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing her, on bail, during the pendency of the trial,
2 2025:HHC:42549 arising out of FIR No. 73/2024, dated 20.04.2024, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Damtal, District Kangra, H.P.
2. According to the applicant, she is innocent person and has falsely been implicated, by the police, in this case. According to her, she has no concern, whatsoever, with the crime, for which, she had been named, as accused and arrested. 3. As per the applicant, she is the sole bread earner of the family and is the only support of her family. 4. The applicant has pleaded that she has been arrested in this case on 21.04.2024 and investigation against her had already been completed. 5. According to the applicant, apart from the present case, five other cases have been registered against her, particulars of which, have been mentioned in para No. 8 of the application, which are reproduced, as under:
1. FIR No. 48 of 2019, dated 20.11.2019, under
3 2025:HHC:42549 Section 21 & 29 of ND&PS Act, at Police Station Nangalbhoor, District Pathankot, Punjab;
2. FIR No. 197 of 2020, dated 25.12.2020, under Section 21 & 29 of ND&PS Act, at Police Station Damtal, District Kangra, H.P.;
3. FIR No. 38 of 2021, dated 13.05.2021, under Sections 21 & 29 of ND&PS Act, at Police Station Brahampur, District Gurdaspur, Punjab;
4. FIR No. 93 of 2022, dated 20.05.2022, under Section 21 of ND&PS Act, at Police Station Damtal, District Kangra, H.P.; and
5. FIR No. 70 of 2022, dated 19.04.2022, under Section 21 & 25 of ND&PS Act, at Police Station Damtal, District Kangra, H.P.
6. The applicant has earlier tried her luck by moving application before this Court, bearing Cr.
MP(M) No. 1997 of 2025, which was withdrawn on 01.09.2025. Thereafter, she has preferred the application before the Court of learned Special Judge, Nurpur, District Kangra, H.P., however, said application has been dismissed on
07.11.2025. 7. The contraband allegedly shown to be recovered in the present case, according to the applicant, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the ND&PS Act are not applicable, in the present case. 4 2025:HHC:42549
8. On the basis of the grounds as taken in the bail application, 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. 9. On the basis of the above facts, a prayer has been made to allow the bail application. 10. When, put to notice, the police has filed the status report, disclosing therein, that on 20.04.2024, HC Dinesh Kumar No. 46, I.O. CIA Nurpur, had submitted a rukka to Police Station Damtal, disclosing therein that on 20.04.2024, I.O. along with other police officials, was on patrolling duty and duty to detect crime relating to excise and narcotics. At about 5:00 pm, on 20.04.2024, when he was present at place known as Indora Mod, then, he received a secret information regarding involvement of Ruby wife of Ajay Kumar, resident of Village & Post Office Chhanni, Tehsil Indora, District Kangra, H.P. (applicant) in the business of selling heroin/chitta, at her residence. As
5 2025:HHC:42549 per the information, if the said house is searched/raided, then, large quantity of chitta/heroin could be recovered. 10.1 Said information was found to be authentic and reliable and according to I.O., if he obtains the search warrants, in that eventuality, delay could be caused and the contraband may be removed from there. As such, the I.O. has prepared the information under Section 42(2) of ND&PS Act and submitted the same to SDPO Nurpur.
10.2 Thereafter, he had proceeded towards village Chhanni. When, he reached near Pir Baba Temple Chhanni, then, UpPradhan Ashwani Kumar, Gram Panchayat Chhanni and Smt. Bholi wife of Kamal Kishore, resident of Village & Post Office Chhanni, Tehsil Indora, District Kangra, H.P., were associated in the investigation of the case, after apprising them about the secret information. Thereafter, along with the said witnesses, the I.O., as well as, police party reached at the residential house of Ruby (applicant) at about 5:55 pm. 10.3 I.O. called the inhabitant of the house, upon which, one lady opened the door. On inquiry, said lady,
6 2025:HHC:42549 disclosed her name Ruby (applicant). She was apprised about the secret information, which the I.O. had received. Thereafter, the police party gave their personal search to the applicant. Nothing incriminating was found from the personal search of the police party, as well as, the independent witnesses. 10.4 Thereafter, house of applicant was searched. In the ground floor, in one room, from the almirah, behind the doll, a polythene envelope was found, which, on opening, was found containing powdered and granular shaped substance, which, on checking with drug detection kit, was found to be heroin/chitta. On weighment, the said chitta was found to be 26.18 grams. The contraband was taken into possession. 10.5 Other codal formalities were completed. Rukka was prepared and submitted to the Police Station. After registration of FIR, accused (applicant) was arrested. The contraband was sent to FSL Junga, from where, positive report has been received. As per the police, apart from the present case, following five cases were found to be registered
7 2025:HHC:42549 against her, which have also been detailed and described by the applicant in the bail application:
1. FIR No. 197/2020, dated 25.12.2020, under Sections 21 & 29 of ND&PS Act, registered with Police Station Damtal;
2. FIR No. 93/22, dated 20.05.2022, under Section 21 of ND&PS Act, Police Station Damtal;
3.
FIR No. 48/19, dated 20.11.2019, under Section 21 & 29 of ND&PS Act, Police Station Nangalbhur, Punjab;
4. FIR No. 38/2021, dated 13.05.2021, under Section 21 & 29 of ND&PS Act, Police Station Bhrampur, Punjab; and
5. FIR No. 70/22, dated 19.04.2022, under Sections 21 & 25 of ND&PS Act, Police Station Damtal, District Kangra, H.P.
10.6. It is the further case of the police that on 02.07.2024, under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, matter was submitted to the State, upon which, the competent authority has passed the detention order for three months from 26.07.2024. Thereafter, the said detention was extended for six months on 24.11.2024. It is the further case of the police that out of the 24 witnesses, 17 witnesses have been examined and seven witnesses are yet to be recorded and case is now listed on 03.12.2025,
8 2025:HHC:42549 before learned Special Judge Nurpur, for recording the statements of witnesses at Sr. No. 8, 19 and 24. 10.7 Lastly, it has been apprehended that applicant is habitual type of offender and in case, she is released on bail, she may coerce the witnesses and may again indulge in the similar activity. 10.8 On the basis of above facts, a prayer has been made to dismiss the application. 11. The applicant, in the present case has been arrested on 21.04.2024. Her preventive detention as ordered under the provisions of PIT ND&PS Act, has already been expired and the status report is totally silent about the fact that whether the said detention has been extended by the competent authority or not. 12. The contraband, allegedly recovered, in this case, from the possession of the applicant, does not fall within the category of commercial quantity, as such, rigors of Section 37 of ND&PS Act, are not applicable, in the present case. 13.
Despite of custody of more than two years, trial against her has not concluded yet, as seven witnesses are
9 2025:HHC:42549 yet to be examined. 14. So far as the registration of five other cases against the applicant is concerned, neither, she has been convicted in the said cases, nor the police has made any effort to get the bail cancelled, in the above noted cases. As such, in the absence of any conviction, the applicant cannot be kept in the judicial custody, that too, for indefinite period, as pretrial punishment is prohibited under the law. 15. The investigation, in the present case, is complete. Meaning thereby, the custodial interrogation of the applicant is no longer required by the police, as, the police has taken the stand that the chargesheet has been filed in the competent Court of Law, upon which, the learned trial Court had taken the cognizance and case is now listed on 03.12.2025, for prosecution witnesses. From the said fact, it can be said that chances of conclusion of the trial, against the applicant, in near future, are not so bright. 16. In the given facts and circumstances of the case, this Court is of the view that the apprehensions expressed by the police, in this case, are too short to decline the relief
10 2025:HHC:42549 to the applicant, as applicant Ruby has been arrested, in this case, on 21.04.2024. This Court is of the view that no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period. 17. Moreover, the applicant is permanent resident of District Kangra, as such, it cannot be apprehended that in case, she is ordered to be released on bail, she may not be available for the trial. 18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 19.
Consequently, the applicant is ordered to be released, on bail, in case FIR No. 73/2024, dated 20.04.2024, registered under Section 21 of the ND&PS Act, with Police Station Damtal, District Kangra, H.P., on her furnishing personal bonds in the sum of Rs. 1,00,000/, with two sureties of the like amount each, to the satisfaction of the learned trial Court. 20. This order, however, shall be subject to the following conditions:
11 2025:HHC:42549
“a) The 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 the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; 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, and d) The applicant shall not leave the territory of India without the prior permission of the Court.”
21. 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. 22. 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. 23. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai, District & Open Air Correctional Home, Dharamshala, H.P.
12 2025:HHC:42549 through email, with a direction to enter the date of grant of bail in the eprison software. 24.
In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai, District & Open Air Correctional Home, Dharamshala, H.P., is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of Jail, Lala Lajpat Rai, District & Open Air Correctional Home, Dharamshala, H.P. 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) Judge 09th December, 2025 (Pramod Kumar) KALPANA Digitally signed by KALPANA Date: 2025.12.09 17:10:41 +0000