12025:HHC:37803 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2482 of 2025 Reserved on: 4.11.2025 Decided on: 11.11.2025 Vijay Bihari … Applicant Versus State of H.P. …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. T.K. Verma, Advocate. For the Respondent : Mr. Varun Chandel, Addl. A.G., assisted by ASI Narender Kumar, Police Station, Theog, District Shimla, H.P. Virender Singh, Judge Applicant Vijay Bihari has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 22025:HHC:37803 referred to as ‘the B.N.S.S.’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 177 of 2023, dated 22.11.2023, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS’) with Police Station, Theog, District Shimla, H.P. 2. It has been pleaded by the applicant that the contraband, allegedly recovered in this case, is 179.98 grams, which falls under the definition of ‘intermediate quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable in this case. 3. According to the applicant, he has falsely been implicated, in this case. 4. It is the further case of the applicant that he is having deep roots in the society. Moreover, nothing is to be required to be recovered from him, or at his instance, as such, no useful purpose 32025:HHC:37803 would be served, by keeping him, in the judicial custody. 5. The relief of bail has been sought on the ground that his co-accused has already been enlarged on bail, by this Court, vide order dated 13.8.2025, passed in Cr.MP(M) No. 1777 of 2025. 6. The applicant had tried his luck by moving similar bail application, before the learned trial Court, which was dismissed, vide order, dated 13.8.2024. Thereafter, the applicant has approached this Court, by way of Cr. MP(M) No. 3008 of 2024, however, the same was dismissed, vide order dated 28.2.2025. Thereafter, the applicant has again tried his luck before the learned trial Court by moving similar bail applications, bearing Nos. 369 of 2025, 530 of 2025 and 580 of 2025, however, the same were again dismissed, vide orders dated 10.6.2025, 24.9.2025 and 10.10.2025, respectively. 42025:HHC:37803 7. On the basis of above facts, Mr. T.K. Verma, Advocate, 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. 8. When, put to notice, Police has filed the status report, disclosing therein that on 21.11.2023, ASI Narender Kumar, Incharge, Police Chowki, Fagu, received a secret information on his mobile phone, at about 11:45 p.m. As per the information, a vehicle bearing No.HR-04K-0225, being driven by its driver, was moving from Kufri side. There were stated to be three occupants in the said car, who were having large quantity of narcotic substance, in their possession. The said information was found to be authentic and reliable. 8.1 It is the further case of the Police that according to the I.O., the Court complex was at a 52025:HHC:37803 considerable distance, as such, it was not possible for him to obtain search warrant, and in case, any efforts were made in this regard, in that eventuality, the contraband could have been removed from the vehicle, upon which, he has complied with the provisions of Section 42(2) of the NDPS Act, and submitted the same to the SDPO Theog, through Constable Amit. Thereafter, I.O. alongwith other police officials had put picketing at main chowk, Fagu, at about 12:05 a.m. 8.2 In the meanwhile, vehicle No.HP-09C-4077, being driven by its driver, reached at the place of picketing. Apart from the driver, another person was also found sitting in the car. On inquiry, the driver of the vehicle disclosed his name as Parth, S/o Rajinder Singh, Vill Gallu, P.O. Phagu, Tehsil Theog, District Shimla, H.P., and the other person disclosed his name as Naresh Kumar. Both of them were apprised about the secret information and 62025:HHC:37803 associated them in the raiding party, as independent witnesses. 8.3 At about 12:30 a.m., vehicle bearing No. HR-04K-0225, being driven by its driver, reached at the spot from Kufri side. The I.O., with the help of other police officials, had stopped the vehicle. Apart from the driver, two other persons were found travelling in the car. In the presence of independent witnesses Parth and Naresh Kumar, names and addresses of those persons were inquired. On inquiry, the driver of the vehicle disclosed his name as Rajesh Saini, S/o Sh. Phool Singh, R/o Village Dhakola, P.O.Saha, Tehsil Barada, District Ambala, Haryana, whereas, the person sitting by the side of the driver seat disclosed his name as Vijay, S/o Salig Ram, R/o Jhuggi Basti Colony Babiyal, Haryana (applicant). The other person, sitting in the car, has disclosed his name as Sumit, S/o 72025:HHC:37803 Subhash Chand, R/o H.No. 04, Vashishtnagar, Ward No. 13, Baniyal Road, Ambala Cantt. 8.4 After complying with the other codal formalities, the vehicle was searched. During search, chitta/heroin was found to be concealed underneath the footmat. On weighment, the said chitta was found to be 179.98 grams. Other codal formalities were completed. After registration of the FIR, all the aforesaid three persons were arrested, in this case. 8.5 Thereafter, the aforesaid persons were stated to be produced before the competent Court of law, from where, they were remanded to Police custody. 8.6 During investigation, applicant Vijay disclosed that he is supplying chitta/heroin to the smugglers of Rohru area. He used to contact them though whatsapp call. Applicant Vijay disclosed that vehicle No. HR-04K-0225, in which, he was 82025:HHC:37803 found travelling on 25.11.2023, was purchased by him from accused Sumit. However, the Registration Certificate of the same is still stated to be in the name of Sumit. The vehicle in question was stated to be purchased by the applicant, on installments. 8.7 It is the further case of the Police that applicant Vijay had disclosed that he has been arrested for allegedly possessing 80 grams heroin and remained in custody in Central Jail, Ambala. Apart from this, a case under Section 307 IPC is also stated to have been registered against him. It has also been disclosed by applicant that on 18.11.2023, he alongwith Sumit had gone to Delhi, where, they had negotiated with one African national, where two persons came on a Scooty and handed over the contraband to them. 8.8 It is the further case of the police that during investigation, statements of accounts of applicant Vijay and accused Sumit were obtained. 92025:HHC:37803 8.9 According to the status report, two other cases are found to have been registered against applicant Vijay, particulars of which have been reproduced, as under: i) FIR No. 244 of 2022, dated 6.4.2022, under Sections 148, 149, 224, 307, 323, 332, 353 IPC and Sections 21, 21(c), 22, 27 and 29 of the NDPS Act, Police Station Ambala Cantt. ii) FIR No. 308 of 2022, dated 10.8.2022, under Sections 21 of NDPS Act, Police Station Padav, District Ambala, Haryana. 8.10. It is the further case of the Police that applicant Vijay is the main kingpin of the gang, who is supplying chitta/heroin, in the area. Applicant Vijay, in connivance with his accomplice Sumit Passi, is getting online payment, in the bank account of Sumit Passi. As per the status report, Sonu Bhotka has deposited a sum of Rs. 32,500/-, in the bank account of Sumit Passi, whereas, accused Vishal Sharma, accused Shivangi, Rakesh Vekta, Vikesh Kumar, and 102025:HHC:37803 Yashwant Singh Thakur, had deposited a sum of Rs. 26,000/-, Rs. 3200/-, 34,500/-, Rs. 99,000/- and Rs. 2,40,000/-, in the bank account of Sumit Passi and total amount of Rs. 5,72,000/- is found to have been deposited through online payment. Thereafter, accused Sumit Passi has withdrawn the aforesaid amount through ATM and handed over the same to applicant Vijay Bihari. Accused Sumit Passi had transferred a sum of Rs.4,87,260/-, in the bank account of applicant Vijay Bihari, within a span of 10 months. An amount of Rs. 5,05,000/- was withdrawn through ATM by applicant Vijay Bihari. 8.11. Applicant Vijay Bihari is stated to be running an interstate drug racket. 8.12 All these facts have been highlighted to oppose the prayer, so made in the application. 8.13 On the basis of above facts, a prayer has been made to dismiss the application. 112025:HHC:37803 9. Admittedly, the contraband, weighing 179.98 grams, has been recovered from the possession of the applicant. The applicant was arrested on 22.11.2023. Meaning thereby, he is in custody for almost 2 years, and during the period of 2 years, trial against him could not be completed. 10. Although, the contraband recovered from him, falls within the definition of ‘non-commercial quantity and the applicant is stated to be the king- in of the drug peddlers, however, he cannot be kept in judicial custody, that too, for indefinite period, as his co-accused, Sumit Passi, has also been released on bail, by this Court, vide order dated 13.8.2025. 11. On the ground of parity also, the applicant is entitled for the relief of bail, as his co-accused Sumit Passi has also been released on bail, by this 122025:HHC:37803 Court, on 13.8.2025, in Cr. MP(M) No. 1777 of 2025. 12. Keeping in view the long period of custody, as well as, the pace of the trial, learned counsel for the applicant has successfully established, in this case, that there is change in circumstances. 13. In view of the observations made hereinabove, this Court is of the view that the bail application is liable to be allowed and the same is accordingly allowed. 14. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of FIR No. 177 of 2023, dated 22.11.2023, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Theog, District Shimla, HP. on his furnishing personal bond in the sum of Rs. 1,00,000/-, with two sureties in the like amount, to the satisfaction of the learned trial Court. 132025:HHC:37803 15. This order, 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 the 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. 16. 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. 17. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 18. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kaithu, Shimla, H.P., through e-mail, with a direction 142025:HHC:37803 to enter the date of grant of bail in the e-prison software. 19. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Kaithu, Shimla, H.P. is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the District Jail, Kaithu, Shimla, 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 11.11.2025 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.11.11 16:31:51 +0000