2025:HHC:42571 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. 2 8 7 6 of 20 25 Decided on : 08 .1 2 .202 5 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 : Mr. Karan Kapoor, Advocate. For the respondent : Mr. H.S. Rawat and Mr. Tejasvi Sharma, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General. 2025:HHC:42571 Virender Singh, Judge. (Oral) Applicant-Shiv Kumar has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Puruwala, District Sirmaur, H.P., to release him on bail, in the event of his arrest, in a case arising out of FIR No.143 of 2024, dated 23.09.2024, registered under 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:42571 Sections 20 and 29 of the Narcotic Drugs and Psychotorpic Substances Act (hereinafter referred to as ‘NDPS Act’). 2. According to the applicant, he is innocent person and has falsely been implicated, in this case, by the police. The applicant is stated to be resident of Haryana and at the time of registration of the FIR, he was working in District Sirmaur. 3. The applicant is apprehending his arrest, in the above-noted case, with which, as per him, he has no concern whatsoever. 4. The applicant has tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, however, his application has been dismissed, vide order dated 28.11.2025. 5. It is the further case of the applicant that on 11.12.2024, it was found that plot/khasra No.329 was given, on lease, to the applicant, by the owner of the land for three years, i.e., 29.12.2023 to 29.12.2026, at the rate of Rs.2,000/- per annum. It is the further case of the applicant that khasra No.345 was Shamlat land and 3 2025:HHC:42571 khasra No.330 belongs to some other person. As per the applicant, no document has been collected by the police to show that the applicant has cultivated the cannabis plant, upon the said khasra numbers. 6. On the basis of the above facts, the applicant has given certain undertakings, for which, he is ready to abide by, in case, directions are issued, under Section 482 CrPC, to the police. 7. On the basis of the above facts, Mr. Karan Kapoor, learned counsel appearing for the applicant, has prayed that the bail application may be allowed. 8. When put to notice, the police has filed the status report, disclosing therein that on 23.09.2024, ASI Krishan Bhandari, has submitted a rukka to police station, disclosing therein that on 23.09.2024, he, along with other police officials, was present in village Bohar near Tilordhar, then, he noticed cultivation of cannabis plants in the fields, upon which, Rapat No.5 was recorded. 8.1. Thereafter, Niab Tehsildar, Kamrau Om Prakash and Pradhan Gram Panchayat Naresh Kumar were requested to come to the spot. At Tilordhar, one 4 2025:HHC:42571 person namely Padam Singh son of Jagbir Singh, was found, who was associated, in the raiding party. At about 1.40 p.m., they have reached the spot. Constable Sunil Kumar, Constable Deep Chand Constable Om Prakash, Patwari Suresh Chand, Chowkidar Ravi and Panchayat Pradhan Naresh Kumar were also reached at the spot. 8.2. Tehsildar was directed to submit a report regarding ownership of those fields, in which, the cultivation of cannabis was found. Thereafter, Patwari Suresh Chand has prepared the report. 8.3. As per the report, the fields, in which, the growth of cannabis was found, was found bearing khasra Nos.329, 330 and 345. The said land was owned by Khatri, Hari Ram etc. and khasra No.345 was found to be Shamlat land. On measuring, the height of the plants was found to be 2 feet to 7.4 feet. 8.4. On Khasra No.345, total 1691 plants, upon khasra No.329, in big field, 779 plats and in the small field, 169 plants and Khasra No.330, 513 plants of cannabis were found to be cultivated. Out of total 3152 plants, 9 plants were separated, as sample and taken into 5 2025:HHC:42571 possession. Control sample of the earth were also taken into possession. 8.5. Physical evidence, i.e., cannabis plants and control sample of earth were taken into possession. Spot was photographed and videographed. Thereafter, permission was sought from Niab Tehsildar to destroy the remaining cannabis plants. Consequently, the permission was granted. Thereafter, 3143 plants were destroyed. In this regard the Tehsildar has also issued a certificate. Thereafter, rukka was prepared and FIR, in question, was registered. 9. On 23.09.2024, spot was visited and spot map was prepared. Statements of the witnesses were recorded, under Section 161 Cr.PC. Other codal formalities were completed. 10. On 11.12.2024, one Jiya Ram son of late Shri Motu Ram produced a rent deed, according to which, Jiya Ram has rented out the land bearing khasra No.329 from 29.12.2023 to 29.12.2026, at the rate of Rs.2,000/- per annum to Shiv Kumar (applicant). Thereafter, the said agreement was verified from Stamp Vendor Narender 6 2025:HHC:42571 Kumar Tripathi and Notary Public Shri Naresh Kumar Chauhan, Advocate. 11. Thereafter, on 02.07.2025, the I.O. tried to trace accused, on the basis of the location of his mobile phone No.78075-70665, however, he was not found there. 12. On the basis of the above facts, a prayer has been made to dismiss the application. 13. Heard. 14. The applicant has been named, as accused, in a case, which was registered, under Sections 20 and 29 of the NDPS Act. On the spot, cultivation of 3152 plants of cannabis, was found. 15. The applicant has been connected with the said land, on the basis of the rent/lease deed, which was executed about two years ago, i.e., 29.12.2023, between the applicant and the land owner Jiya Ram. The subject matter of the said lease agreement was khasra No.329, upon which, cultivation of 948 plants of cannabis were found. 16. So far as the arguments of the learned counsel for the applicant that over khasra numbers, upon which, 7 2025:HHC:42571 the cultivation of cannabis was found, were not in the name of applicant is concerned, the said fact would be proved and probabilized, during the trial. The relevancy and admissibility of the agreement executed between the applicant and Jiya Ram would be proved during the trial. 17. The accused has been named in a case, registered under the NDPS Act, which is a special statute, and has been enacted by the legislature, in its wisdom to curb the menace of drugs. In case, any direction is issued to the police/I.O., under Section 482 of the BNSS, it will give wrong signal to the society that after involving in such a heinous crime, the applicant is moving freely in the society. 18. Merely, the fact that the contraband does not fall within the definition of the commercial quantity, does not mean that the offence, committed under the NDPS Act, become bailable one. 19. The applicant, who is resident of District Yamunanagar, Haryana, had allegedly taken the land, on lease, in District Sirmaur, Himachal Pradesh on 29.12.2023, over which, in the month of September, 2024, 8 2025:HHC:42571 growth of cannabis plants was found. As such, it cannot be said that the said land was not used by the applicant. Situation would have been otherwise, had the applicant been taken the said land on lease, recently. 20. Considering all these facts, this Court is of the view that the applicant has failed to make out a case for issuance of any direction to the police/I.O., under Section 482 of the BNSS, Consequently, the present application is dismissed. 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. ( Virender Singh ) Judge December 08, 2025 (ps)