1 2025:HHC:36623 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2459 of 2025 Reserved on : 30.10.2025 Decided on : 31.10.2025 Lakhbir 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. Vinod Chauhan, Advocate. For the respondent : Mr. Varun Chandel and Mr. H.S. Rawat, Additional Advocates General with Mr. Rohit Sharma and Ms. Avni Kochhar, Dy. A.Gs. Virender Singh, Judge Applicant Lakhbir 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. 151 of 2025, dated 19.9.2025, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:36623 (hereinafter referred to as ‘the NDPS’), with Police Station, Majra, District Sirmour, H.P. 2. The applicant has pleaded that he is innocent person and has falsely been implicated, in this case. 3. It is the further case of the applicant that poppy straw, allegedly recovered from his possession, is 3.516 kgs. According to him, the said contraband was neither recovered from his possession, nor, he has any concern, whatsoever, with the alleged crime. 4. According to the applicant, he has tried his luck by moving similar bail application, before the learned Special Judge-I, Sirmour District at Nahan, H.P., however, the same was dismissed, on 26.9.2025. 5. Except the present case, no other case is stated to have been registered against him. 6. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to 3 2025:HHC:36623 be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial. 7. On these submissions, a prayer has been made to allow the bail application. 8. When put to notice, the police has filed the status report, disclosing therein, that on 19.9.2025, H.C. Sameer Kumar No. 325 submitted a ruqua to Police Station, Majra, District Sirmour, H.P., for registration of the FIR, disclosing therein that on 19.9.2025, he, alongwith other police officials, left Police Station, Majra, in his private vehicle, bearing registration No. HP17D-7776, for patrolling duty, within the jurisdiction of Police Station, Majra. 8.1 While, on patrolling, when, the I.O. reached at Puruwala Chowk, then, he received a secret information that one Lakhbir Singh (applicant) deals in the business of selling bhukki (poppy husk), in his residential house. As per the information, Lakhbir Singh (applicant) is selling the contraband to his customers and in case, his residential house is 4 2025:HHC:36623 searched, then, large quantity of contraband, can be recovered. 8.2 As per the information, in case search warrant is obtained, in that eventuality, delay can be occurred and the contraband can be sold or removed from the house of the applicant. 8.3 Said information was found to be authentic and reliable, as such, the I.O. complied with the provisions of Section 42(2) of the NDPS Act and submitted the same to Dy.S.P., Paonta Sahib. The person, who was deputed to submit the said report, was directed to report to I.O. at Kotdi Byas School. Thereafter, the I.O., alongwith police officials, reached at Kotdi Byas School, and Const. Sanjay was directed to arrange for the independent witnesses, upon which, after 15-20 minutes, he came back alongwith one woman and one man. 8.4 On inquiry, the said persons disclosed their names as Vidya Devi, W/o Hem Raj, aged 45 years (Ward member of Ward No. 2) and Joginder Singh, 5 2025:HHC:36623 Age 35 years. Both of them were associated as independent witnesses. 8.5 In the meanwhile, LHC Sanjeev Kumar No. 361 also reached at the spot. Thereafter, they had proceeded towards the house of Lakhbir Singh (applicant). When, they reached in the courtyard of the said house, one person was found there. On inquiry, he disclosed his name as Lakhbir Singh, S/o Malkeet Singh (applicant). 8.6 Except the applicant, no other person was found there in his house. Lakhbir Singh (applicant) was apprised about the secret information. Thereafter, Const. Sanjay was directed to photograph/videograph the spot in order to comply with the provisions of 105 of BNSS. Thereafter, residential house of applicant was searched. 8.7 During search, in the room adjoining to kitchen, a sack was found, which, on opening, was found containing brown coloured fragmented 6 2025:HHC:36623 substance, which, on the basis of experience was found to be poppy capsules (dodde). 8.8 On weighment, the said substance was found to be 3.516 kilograms. The contraband was taken into possession. After registration of the FIR, accused was arrested. After conducting the inventory proceedings, the contraband was sent to SFSL, Junga, from where positive report has been received. 8.9 Investigation is stated to be completed. Now, only charge sheet is to be filed. 8.10 On the basis of above facts, a prayer has been made to dismiss the application. 9. Contraband, allegedly recovered, 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 to the facts of the present case. 10. Investigation, in the present case, is complete, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, 7 2025:HHC:36623 for indefinite period, as chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. 11. Moreover, the accused is presumed to be innocent, unless proven guilty, after the full-fledged trial, as, pre-trial punishment is prohibited under the law. 12. Except the present case, no other case is stated to have been registered, against the applicant. 13. The age of the applicant is stated to be 22 years. At this young age, if the applicant is ordered to be kept in judicial custody, that too, in the company of hardened criminals, it will certainly affect his future. 14 The applicant is permanent resident of District Sirmour, as such, it cannot be apprehended that in case, he is released on bail, he may not be available for trial. 8 2025:HHC:36623 15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 16. Consequently, the applicant is ordered to be released on bail in case FIR No. 151 of 2025 dated 19.9.2025, registered under Sections 15 of the NDPS Act, with Police Station, Majra, District Sirmour, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned CJM/JMFC stationed at Nahan, District Sirmour, H.P. 17. 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 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. 9 2025:HHC:36623 18. 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. 19. 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 to be violated by the applicant. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Model Central Jail, Nahan, H.P., with a direction to enter the date of grant of bail in the e-prison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Model Central Jail, Nahan, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmour at Nahan. The Superintendent of Model Central Jail, Nahan, H.P., is further directed that if the applicant fails to furnish the bail bonds, as 10 2025:HHC:36623 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 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.10.31 18:42:44 +0000