Extracted from the PDF above. The PDF is authoritative.
2025:HHC:44706 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 2940 of 2025 Decided on : 16.12.2025 Shiv Kumar
…Applicant Versus State of Himachal Pradesh
…Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Ms. Narvada Kashyap and Ms. Vandana Thakur, Advocates. For the respondent : Mr. Tejasvi Sharma, Mr. Mohinder Zharaick,
Mr. H.S.
Rawat, Additional A.Gs. with Mr. Rohit Sharma, Deputy A.G. Virender Singh, Judge ApplicantShiv Kumar is apprehending his arrest, in case FIR No. 86/2025 dated 28.11.2025, (hereinafter referred to as the ‘FIR in question’), registered under Section 156185 of Narcotics Drugs and Psychotropic Substance Act, (hereinafter referred to as the ‘ND&PS Act’), with Police Station Mehatpur, District Una, H.P., has filed the present application, under Section 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:44706 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Mehatpur, District Una, H.P., to release him, on bail, in the event of his arrest, in the abovementioned case/FIR. 3. The said relief has been sought on the ground that he is innocent person and has falsely been implicated, in this case. 4. According to the applicant, he has no concern, whatsoever, with the crime in question. 5. The alleged contraband recovered does not fall within the definition of commercial quantity, and as such, according to the applicant, rigor of Section 37 of the ND&PS Act are not applicable. 6. The applicant has earlier tried his luck by moving anticipatory bail application No. 382 of 2025, before learned Special JudgeII, Una, District Una, H.P., however, the same was dismissed on 09.12.2025. 7. On the basis of above facts, certain undertakings have been given, on behalf of the applicant,
3 2025:HHC:44706 for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., under Section 482 of BNSS. 8.
When put to notice, the police has filed the status report, disclosing therein, that on 28.11.2025, ASI Kamal Dev, I.O. SIU Una, along with other police officials, in their private car, on the basis of the secret information received by them, had obtained the authorization letter under Section 41(2) of the ND&PS Act and went to Jakhera, near the house of Shiv Kumar (applicant). In Jakhera, the car was stopped outside the house of Narendra Kumari, Pradhan Gram Panchayat Jakhera, and C. Ravi Bedi No. 301, called her on phone. The said phone was attended by a person, upon which C. Ravi Bedi has given his identification and requested to come out. Thereafter, one person came out, who, on inquiry disclosed his name as Jitender Kumar son of Sh. Subhash Chand, husband of Pradhan Narendra Kumari. 8.1 He was apprised about the authorization letter and secret information and was requested to become independent witness, upon which, he has given his oral consent. Thereafter, one another independent witness
4 2025:HHC:44706 namely Nirmala Devi, was also associated, as, she was called by Jitender Kumar. 8.2 Thereafter, the police party reached at the house of Shiv Kumar (applicant), in village Jakhera, at about 6:35 pm. At his house, his mother and brother were found present. His brother was apprised about the authorization letter and was inquired about Shiv Kumar (applicant), upon which, his mother disclosed that her son Shiv Kumar (applicant) left the house, some time ago. She has also apprised that Shiv Kumar (applicant) used to quarrel with her, as well as, with her elder son Ram Kumar. It has also been apprised by her that Shiv Kumar (applicant) is residing separately. 8.3 Thereafter, I.O. before searching the house of Shiv Kumar (applicant), gave option to search him, as well as, the raiding team, to elder brother of Shiv Kumar (applicant), upon which, Ram Kumar refused to search the police party and independent witnesses.
Thereafter, in the presence of witnesses, as per authorization letter under Section 41(2) of the ND&PS Act, residential house of Shiv Kumar (applicant) was searched. During the search of the room, in the steel trunk, a cardboard box was found. On
5 2025:HHC:44706 opening the same, one electronic weighing scale was found. From the said trunk, a card Wallat was found containing the driving license of Shiv Kumar (applicant), issued by RLA Una and PAN card. From beneath the double bed, C. Jasvir Singh No. 372, has taken out a transparent polythene envelope, one black coloured polythene envelope and one sealed transparent polythene, having the words
“TEJAS” printed on it. When the black coloured polythene envelope was checked, seed capsules (Dodas) were found. Thereafter, on opening the another transparent envelope, upon which, the words “TEJAS” was printed, the same was found containing brown coloured powdered substance, which, on the basis of experience was found to be poppy straw (Churapost). The third transparent polythene envelope was also opened and checked, which found containing brown coloured powdered substance i.e. poppy straw. 8.4 Thereafter, in the verandah, police found a pitcher, which, on checking, was found to be containing two green coloured polythene envelopes. On opening the envelopes, brown coloured powdered substance was found, which on the basis of experience, was found to be poppy
6 2025:HHC:44706 straw. On weighment, the poppy straw was found to be 1.724 kg. The above said contraband was taken into possession and other codal formalities were completed. 8.5 Thereafter, rukka was prepared and sent to the Police Station through eMail, upon which, FIR in question, has been registered. The contraband thereafter was produced before the Court, where the inventory proceedings under Section 52(A) of the ND&PS Act were got conducted. The control sample was sent to SFSL Junga, from where the positive report has been received.
8.6 On the basis of above facts, a prayer has been made to dismiss the application. 9. The applicant has been named as an accused in the present case, on account of the search conducted by the police, on the basis of authorization letter given by the competent authority and on the basis of recovery of the contraband, weighing 1.724 kg poppy straw, which admittedly does not fall within the definition of commercial quantity. But, considering the fact that the legislature in its wisdom, has enacted this statute to curb the menace of drug abuse with stringent punishment and considering the intent of the legislature in enacting the ND&PS Act, in
7 2025:HHC:44706 case, any relief is granted to the applicant under Section 482 of BNSS, then the same would encourage other persons of the society to indulge in such type of activities. 10. Moreover, giving relief to the applicant, who has been named as accused, in case under Section 15 of ND&PS Act, would give wrong signal to the society, that despite being involved in such a serious offence, the applicant is moving freely in the society. 11. Merely, that no other case is found to have been registered against the applicant is too short to grant the relief to him, as the alleged recovery has been effected in the presence of independent witnesses from the residential house of applicant, which has also been identified by his mother and elder brother. 12. Considering all these facts, this Court is of the view that the applicant is not able to make out a case under Section 482 of BNSS, in his favour. 13. Consequently, the present application is dismissed. 14. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the
8 2025:HHC:44706 merits of the case, as these observations, are confined, only, to the disposal of the present bail application. ( Virender Singh ) Judge 16th December, 2025 (Pramod Kumar)