2025:HHC:36372 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. : 2481 of 2025 Reserved on : 28 th October, 2025 Decided on : 31 st October, 2025 Gurjent Singh …Applicant Versus State of H.P. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Rakesh Chaudhary & Mr. Panku Chaudhary, Advocates. For the respondent : Mr. Varun Chandel, Additional Advocate General assisted by SI Keshav Ram, Police Station, Aut, District Mandi, H.P. Virender Singh, Judge Applicant Gurjent Singh has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 41 of 2025, dated 24.3.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:36372 Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Aut, District Mandi, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as, he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. According to the applicant, the contraband involved in the present case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in this case. 4. The applicant has tried his luck by moving bail application No. 203 of 2025, before the Court of learned Special Judge-III, Mandi, H.P., however, the same was dismissed on 2.7.2025. Thereafter, the applicant has moved Cr.MP(M) No.2322 of 2025, before 3 2025:HHC:36372 this Court, which was dismissed on 10.10.2025, on the ground of concealment of material facts. 5. According to the applicant, he is in judicial custody from the last five months and his co-accused Asandeep Singh has already been released on bail, by the learned trial Court. As such, the relief of bail has also been sought on the ground of parity. 6. Further, relief of bail has been sought on the ground that investigation, in the present case, is complete and nothing is to be recovered from the applicant, or at his instance. 7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial. 8. Apart from this, the applicant has given the details of the following six cases, registered against him: i) FIR No. 76/2018, Dated 1.6.2018, under Sections 392, 382, 473, 489, 120-B, 148, 149 4 2025:HHC:36372 IPC and under Sections 25-54-59 of NDPS Act, P.S. Giddarbaha; ii) FIR No. 59/2018, dated 24.7.2018, under Sections 392, 382, 384, 437, 506, 148, 149, 120-B IPC, 18-22-29 NDPS Act, 25-54-59 Arms Act, P.S. Sadar Rajpura, District Patiala; iii) FIR No. 101, dated 8.6.2018, u/s 382 IPC, 22- 61-85 of NDPS Act, 25-54-59 Arms Act, P.S. Bagha Purana Distt. Moga; iv) FIR No. 70/19, dated 5.6.2019, u/s 188 IPC 52 Jail Mannual Act, P.S. Cantt. Bathinda, Distt. Bathinda; v) FIR No. 108, dated 26.6.2023, u/s 21/22/28- 61-85 Act 10/11/2013 Aircraft Act 1934 P.S Lopoke; vi) FIR No. 43/2023, u/s 379-B, 232, 324, 148 IPC, P.S. Ajnala. 9. On all these submissions, 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 23.3.2025, H.C. Vikas Thakur, along with other police officials, was on patrolling duty and duty to detect the crime, relating to excise in private vehicles Nos. HP52A-3244 and HP58-8188. 5 2025:HHC:36372 10.1. While conducting patrolling in Bajaura- Jheedi-Banala-Aut area, when, the I.O., was in Aut market, he received a secret information that two persons, who were not residents of Himachal Pradesh, are about to deliver the consignment of heroin/chitta near ‘18 Pede Shani Mandir’, and in case, the said persons are nabbed, large quantity of heroin/chitta could be recovered from them. 10.2. The said information was found to be authentic and reliable. As per the I.O., in case, search warrant is obtained, in that eventuality, delay could be caused and there is every possibility that the contraband could be removed from there. As such, the I.O. has complied with the provisions of Section 42 (2) of the NDPS Act and submitted the information to the Dy.S.P. Hem Raj Verma ANTF (F.U.), Kullu. 10.3. Thereafter, the I.O., along with other police officials, proceeded towards the spot. He reached at the spot at about 10:15 p.m. After sometime, a vehicle bearing registration No. HP-01K-8918, being driven by 6 2025:HHC:36372 its driver, was found coming from Aut side. The I.O., signalled to stop the vehicle. The driver of the said car, on inquiry, has disclosed his name as Teja Singh. He was apprised about the secret information and was requested to be the independent witness, to which, he agreed. 10.4. At about 10:50 p.m., the Police team noticed that two persons were found going on foot. One person was having a carry bag in his right hand. Thereafter, the I.O., intercepted those persons. 10.5. The person, who was having carry bag in his hand, was inquired about his name and address, upon which, he disclosed his name as Gurjent Singh, S/o Mahinder Singh, R/o VPO Mangomahal, Tehsil Ajnala, District Amritsar, Punjab (applicant), whereas, another person has disclosed his name as Asandeep Singh S/o Paramjeet Singh, R/o H.No. 762, Mohalla Vijaynagar Joda Fatak Amritsar, Punjab. 10.6. The I.O. gave his identification, as well as, of other police officials to the aforesaid persons and 7 2025:HHC:36372 apprised them about the secret information, which the I.O., had received. 10.7. Thereafter, the I.O. inquired about the contents of the carry bag, which, the applicant was carrying, upon which, the aforesaid persons got perplexed and could not give any satisfactory answer. The carry bag was searched, in which 38 grams of heroin/chitta was found. Other codal formalities were completed. 10.8. After registration of the case, accused persons were arrested and the contraband was sent to SFSL, Junga, from where, positive report has been received. 10.9. It is the further case of the Police that when the antecedents of the applicant were ascertained, then, six cases were found to have been registered, against him, details of which, are reproduced as under: i) FIR No. 76/2018, Dated 1.6.2018, under Sections 392, 382, 473, 489, 120-B, 148, 149 8 2025:HHC:36372 IPC and under Sections 25-54-59 of NDPS Act, P.S. Giddarbaha; ii) FIR No. 59/2018, dated 24.7.2018, under Sections 392, 382, 384, 437, 506, 148, 149, 120-B IPC, 18-22-29 NDPS Act, 25-54-59 Arms Act, P.S. Sadar Rajpura, District Patiala; iii) FIR No. 101, dated 8.6.2018, u/s 382 IPC, 22- 61-85 of NDPS Act, 25-54-59 Arms Act, P.S. Bagha Purana Distt. Moga; iv) FIR No. 70/19, dated 5.6.2019, u/s 188 IPC 52 Jail Mannual Act, P.S. Cantt. Bathinda, Distt. Bathinda; v) FIR No. 108, dated 26.6.2023, u/s 21/22/28- 61-85 Act 10/11/2013 Aircraft Act 1934 P.S Lopoke; vi) FIR No. 43/2023, u/s 379-B, 232, 324, 148 IPC, P.S. Ajnala. 10.10. It is the further case of the Police that investigation, of the present case, is complete and the case is now listed before the learned Special Judge-III, Mandi, H.P., for Consideration on Charge. 11. On the basis of above facts, a prayer has been made to dismiss the bail application. 12. Admittedly, the contraband, allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’, as such, rigors of 9 2025:HHC:36372 Section 37 of the ND & PS Act, are not applicable, in the present case. 13. Investigation, in the present case, is complete and the charge sheet has been filed in the competent Court of law. The case is now listed for consideration on charge on 04.11.2025. 14. Moreover, the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright. As such, he cannot be kept in judicial custody, that too, for the indefinite period. 15. So far as the registration of six cases, as mentioned in the status report, as well as in the application, are concerned, admittedly, the accused has not been convicted, in any of the cases, registered against him. 16. Mere registration of the cases, does not take away the presumption of innocence, which is still available to the applicant. A person is presumed to be innocent until proven guilty, after the trial. Even 10 2025:HHC:36372 otherwise, no efforts have been made by the Police to get the bail, in the above cases, cancelled, by moving appropriate application(s). 17. The bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 18. The investigation, in the present case, is complete and the co-accused of the applicant has already been released on bail. In such situation, the applicant is able to make out a case for grant of bail. 19. 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.41 of 2025, dated 24.03.2025, registered, under Sections 21 and 29 of the NDPS Act, with Police Station, Aut, District Mandi, H.P., on his furnishing personal bond, in the 11 2025:HHC:36372 sum of Rs.50,000/-, with one surety, in the like amount, to the satisfaction of learned trial Court. 20. 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.” 21. 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. 22. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, 12 2025:HHC:36372 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, District Jail, Bilaspur through e-mail, with a direction to enter the date of grant of bail in the e-prison 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, District Jail, Bilaspur, is directed to inform this fact to the Secretary, DLSA, Bilaspur. The Superintendent of Jail, District Jail, Bilaspur, 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 October 31, 2025 (ps) PRADEEP Digitally signed by PRADEEP Date: 2025.10.31 14:09:25 +0530