2025:HHC:38105 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2458 of 2025 Reserved on: 04.11.2025 Date of Decision: 13.11.2025. Sumit Singh ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Petitioner : Mr Naveen K. Bhardwaj, Advocate. For the Respondent : Mr Jitender K. Sharma, Additional Advocate General. Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail in FIR No. 109 of 2025, dated 22.07.2025, registered at Police Station Nagrota Bagwan, District Kangra, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS). 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:38105 2. It has been asserted that, as per the prosecution, 10.60 grams of heroin were recovered from the petitioner. These allegations are false. The petitioner is innocent and has nothing to do with the commission of crime. The petitioner is a permanent resident of Punjab. He has roots in society. His parents own property in their native village, and there is no chance of his absconding. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition. 3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 22.07.2025. They reached ahead of the Sunehar Bridge liquor shop, at about 10:40 am and found the petitioner coming towards the police. He returned after seeing the police and walked towards the under- construction highway. He took something out of his right pocket and threw it on the roadside. The police apprehended the petitioner and associated two independent witnesses. The petitioner identified himself as Sumit Singh. The police checked the pouch thrown by the petitioner and recovered 10 grams of heroin. The police arrested the petitioner and seized the heroin. The heroin was sent to the SFSL, Junga, and as per the result of analysis, it indicated the presence of Diacetylmorphine (heroin). 3 2025:HHC:38105 The address furnished by the petitioner could not be verified. FIR No. 32/2023 has been registered against the petitioner at Police Station Civil Line, Amritsar, for the commission of offences punishable under Sections 379 and 411 of the IPC. Hence, the status report. 4. I have heard Mr Naveen K. Bhardwaj, learned counsel for the petitioner and Mr Jitender Sharma, learned Additional Advocate General for the respondent/State. 5. Mr Naveen K. Bhardwaj, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The quantity of heroin stated to have been recovered from the possession of the petitioner is less than a commercial quantity, and the rigours of Section 37 of the NDPS Act do not apply to the present case. Hence, he prayed that the present petition be allowed and the petitioner be released on bail. He relied upon the judgment of this Court in Raman Ravi Verma vs. State of Himachal Pradesh 2024:HHC:6329 and Nawang Sonam vs. State of H.P. in Cr.MP(M) No. 2556 of 2023 in support of his submission. 4 2025:HHC:38105 6. Mr Jitender Sharma, learned Additional Advocate General for the respondent/State, submitted that the petitioner has criminal antecedents and the chances of the petitioner repeating the crime cannot be ruled out. Heroin is adversely affecting society, and no leniency should be shown to the petitioner. Therefore, he prayed that the present petition be dismissed. 7. I have given considerable thought to the submissions made at the bar and have gone through the record carefully. 8. The parameters for granting bail were considered by the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC 314: 2025 SCC OnLine SC 781, wherein it was observed at page 380: “57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4 SCC 280: 2001 SCC (Cri) 674, this Court highlighted various aspects that the courts should keep in mind while dealing with an application seeking bail. The same may be ex- tracted as follows: (SCC pp. 284-85, para 8) “8. The jurisdiction to grant bail has to be exercised on the basis of well-settled principles, having regard to the cir- cumstances of each case and not in an arbitrary manner. While granting the bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the ac- cused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the wit- 5 2025:HHC:38105 nesses being tampered with, the larger interests of the pub- lic or State and similar other considerations. It has also to be kept in mind that for the purposes of granting the bail the legislature has used the words “reasonable grounds for believing” instead of “the evidence” which means the court dealing with the grant of bail can only satisfy it (sic itself) as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge.” (emphasis supplied) 58. This Court in Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking through Banerjee, J., emphasised that a court exercising discretion in matters of bail has to undertake the same judiciously. In highlighting that bail should not be granted as a matter of course, bereft of cogent reasoning, this Court observed as follows: (SCC p. 602, para 3) “3. Grant of bail, though being a discretionary order, but, however, calls for the exercise of such a discretion in a judi- cious manner and not as a matter of course. An order for bail bereft of any cogent reason cannot be sustained. Need- less to record, however, that the grant of bail is dependent upon the contextual facts of the matter being dealt with by the court and facts do always vary from case to case. While the placement of the accused in society, though it may be considered by itself, cannot be a guiding factor in the mat- ter of grant of bail, and the same should always be coupled with other circumstances warranting the grant of bail. The nature of the offence is one of the basic considerations for the grant of bail — the more heinous is the crime, the greater is the chance of rejection of the bail, though, how- ever, dependent on the factual matrix of the matter.” (em- phasis supplied) 59. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC 528: 2004 SCC (Cri) 1977, this Court held that although it is established that a court considering a bail application can- not undertake a detailed examination of evidence and an elaborate discussion on the merits of the case, yet the court 6 2025:HHC:38105 is required to indicate the prima facie reasons justifying the grant of bail. 60. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496: (2011) 3 SCC (Cri) 765, this Court observed that where a High Court has granted bail mechanically, the said order would suffer from the vice of non-application of mind, rendering it illegal. This Court held as under with re- gard to the circumstances under which an order granting bail may be set aside. In doing so, the factors which ought to have guided the Court's decision to grant bail have also been detailed as under: (SCC p. 499, para 9) “9. … It is trite that this Court does not, normally, interfere with an order passed by the High Court granting or reject- ing bail to the accused. However, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic princi- ples laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an applica- tion for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of convic- tion; (iv) danger of the accused absconding or fleeing, if re- leased on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being in- fluenced; and (viii) danger, of course, of justice being thwarted by the grant of bail.” (emphasis supplied) xxxxxxx 7 2025:HHC:38105 62. One of the judgments of this Court on the aspect of ap- plication of mind and requirement of judicious exercise of discretion in arriving at an order granting bail to the ac- cused is  Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 : (2022) 2 SCC (Cri) 170, wherein a three-Judge Bench of this Court, while setting aside an unreasoned and casual order (Pappu Kumar v. State of Bihar, 2021 SCC OnLine Pat 2856 and Pappu Singh v. State of Bihar, 2021 SCC OnLine Pat 2857) of the High Court granting bail to the accused, observed as follows: (Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 : (2022) 2 SCC (Cri) 170]), SCC p. 511, para 35) “35. While we are conscious of the fact that liberty of an in- dividual is an invaluable right, at the same time while con- sidering an application for bail courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing in the case, particularly, when the accusations may not be false, frivolous or vexa- tious in nature but are supported by adequate material brought on record so as to enable a court to arrive at a prima facie conclusion. While considering an application for the grant of bail, a prima facie conclusion must be sup- ported by reasons and must be arrived at after having re- gard to the vital facts of the case brought on record. Due consideration must be given to facts suggestive of the na- ture of crime, the criminal antecedents of the accused, if any, and the nature of punishment that would follow a conviction vis-à-vis the offence(s) alleged against an ac- cused.” (emphasis supplied) 9. The present petition has to be decided as per the parameters laid down by the Hon’ble Supreme Court. 10. The status report shows that the petitioner had returned after seeing the police and threw something out of his pocket. The police checked the pouch in the presence of the witnesses and recovered 10 grams of heroin from it. Therefore, 8 2025:HHC:38105 prima facie, the petitioner was found in possession of 10 grams of heroin. 11. It was submitted that, as per the prosecution, the petitioner was found in possession of 10 grams of heroin, which is an intermediate quantity, the rigours of Section 37 of the NDPS Act do not apply to the present case and the petitioner is entitled to bail as a matter of right. This submission is not acceptable. It was laid down by this Court in Khushi Ram Gupta v. State of H.P., 2022 SCC OnLine HP 3779, that the menace of drug addiction has seriously eroded into the fabric of society, and the release of an accused on bail in NDPS Act cases will send a negative signal to society. It was observed: “8. The menace of drug addiction, especially in adolescents and students, has seriously eroded into the fabric of society, putting the future generation as well as the prospects of future nation-building into serious peril. 9. It is not a case where the investigating agency is clueless in respect of evidence against the petitioner. Though allegations against the petitioner are yet to be proved in accordance with the law, it cannot be taken singly as a factor to grant bail to the petitioner. Nothing has been placed on record on behalf of the petitioner to divulge as to how and in what manner he came in contact with the persons who were residents of the State of Himachal Pradesh. Thus, there is sufficient prima facie material to infer the implication of the petitioner in the crime. In such circumstances, the release of 9 2025:HHC:38105 the petitioner on bail will send a negative signal in society, which will definitely be detrimental to its interests. 10. The prima facie involvement of the petitioner in the dangerous trade of contraband cannot be ignored merely on account of the fact that he has no past criminal history. It cannot be guaranteed that there will be re-indulgence by the petitioner in similar activities, in case he is released on bail.” 12. Similarly, it was held in Bunty Yadav v. State of H.P., 2022 SCC OnLine HP 4996, that the bail cannot be claimed as a matter of right even though the rigours of Section 37 of the NDPS Act do not apply to a case. Each case has to be adjudged on its own facts. It was observed: “6. The quantity involved in the case is 89.89 grams of heroin and 3.90 grams of MDMA. Such quantity may not technically fall under the category of commercial quantity; nevertheless, such quantity cannot be termed to be less by any stretch of the imagination. The evident nature of commercial transactions and dealing with the contraband aggravates the situation for the petitioner. In a case where Section 37 of the NDPS Act is not applicable, the bail cannot be claimed as a matter of right. The fate depends on the facts of each and every case. 7. The menace of drug addiction, especially in adolescents and students, has seriously eroded into the fabric of society, putting the future generation as well as the prospects of future nation-building into serious peril.” 13. The status report shows that FIR No. 32 of 2023 has been registered against the petitioner in Police Station, Civil Line, Amritsar, which shows that the petitioner has criminal antecedents. This Court exhaustively dealt with the relevance of 10 2025:HHC:38105 criminal antecedents in Aminodin vs State of H.P. 2024: HHC: 6091 and held, after referring to various judgments, that a Judge must consider the criminal antecedents of the accused, the nature of offences and his general conduct while considering the bail petition. Bail should not be generally granted to an accused with criminal antecedents when there is a likelihood of the commission of the crime. 14. Hon’ble Supreme Court held in State of Rajasthan v. Balchand, (1977) 4 SCC 308: 1977 SCC (Cri) 594: 1977 SCC OnLine SC 261 that the normal rule is bail and not jail except where the circumstances suggest creating trouble by repeating the offence. It was observed at page 308: 2. The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimi- dating witnesses and the like, by the petitioner who seeks enlargement on bail from the Court. We do not intend to be exhaustive but only illustrative. 15. It was held in Gudikanti Narasimhulu v. High Court of A.P., (1978) 1 SCC 240: 1978 SCC (Cri) 115 that where the person seeking bail has criminal antecedents, he is not entitled to bail. It was observed: 11 2025:HHC:38105 “9. Thus, the legal principles and practice validate the Court considering the likelihood of the applicant interfer- ing with witnesses for the prosecution or otherwise pollut- ing the process of justice. It is not only traditional but ratio- nal, in this context, to enquire into the antecedents of a man who is applying for bail to find whether he has a bad record, particularly a record which suggests that he is likely to commit serious offences while on bail. In regard to habituals, it is part of criminological history that a thoughtless bail order has en- abled the bailee to exploit the opportunity to inflict further crimes on the members of society. Bail discretion, on the basis of evidence about the criminal record of a defendant, is there- fore not an exercise in irrelevance.” (emphasis supplied) 16. It was held in V. Senthil Balaji v. Enforcement Directorate, 2024 SCC OnLine SC 2626, that where the petitioner can become a threat to society because of her criminal antecedents, she should not be released on bail. It was observed: “27…..An exception will also be in a case where, considering the antecedents of the accused, there is every possibility of the accused becoming a real threat to society if enlarged on bail. The jurisdiction to issue prerogative writs is always discretionary.” 17. Similarly, it was held in Union of India v. Barakathullah, 2024 SCC OnLine SC 1019, that where the persons were involved in the commission of similar offences, they should not be released on bail. It was observed: - “20. … So far as the respondents in the instant appeals are concerned, they are in custody for hardly one and a half years, apart from the fact that all the respondents are shown to have been involved in previous cases. There are 12 2025:HHC:38105 about 8 to 9 previous cases shown in the chargesheet against the respondents, except accused Nos. 1, 4 and 6, who are shown to have been involved in two cases. Considering the nature and gravity of the alleged offences and considering their criminal antecedents, in our opinion High Court should not have taken a lenient view, more particularly when there was sufficient material to show their prima facie involvement in the alleged offences under the UAPA. 18. It was laid down by the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC 314: 2025 SCC OnLine SC 781 that the liberty of a person has to be balanced with peace and harmony in society. Liberty cannot be elevated to such a high pedestal as would bring in anarchy or disorder in society. It was observed at page 384: “65. We are absolutely conscious that the liberty of a person should not be lightly dealt with, for the deprivation of the liberty of a person has an immense impact on the mind. Incarceration creates a concavity in the personality of an individual. Sometimes it causes a sense of emptiness. Needless to emphasise, the sacrosanctity of liberty is paramount in a civilised society. However, in a democratic body polity which is wedded to the rule of law, an individual is expected to grow within the social restrictions sanctioned by law. Individual liberty is restricted by larger social interests, and its deprivation must have due sanction of law. In an orderly society, an individual is expected to live with dignity, having respect for the law and also giving due respect to others' rights. It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one. The cry of the collective for justice, its desire for peace and harmony and its necessity for 13 2025:HHC:38105 security cannot be allowed to be trivialised. The life of an individual living in a society governed by the rule of law has to be regulated, and such regulations, which are the source of law, subserve the social balance and function as a significant instrument for the protection of human rights and the security of the collective. This is because, fundamentally, laws are made for their obedience so that every member of the society lives peacefully in a society to achieve their individual as well as social interests. That is why Edmond Burke, while discussing liberty, opined, “it is regulated freedom”. 66. It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal that it would bring in anarchy or disorder in society. The prospect of greater justice requires that law and order prevail in a civilised milieu. True it is, there can be no arithmetical formula for fixing the parameters in precise exactitude, but the adjudication should express not only application of mind but also exercise of jurisdiction on accepted and established norms. Law and order in a society protect the established precepts and see to it that contagious crimes do not become epidemic. In an organised society, the concept of liberty basically requires citizens to be responsible and not to disturb the tranquillity and safety which every well-meaning person desires. Not for nothing, J. Oerter stated: “Personal liberty is the right to act without interference within the limits of the law.” 67. Thus analysed, it is clear that though liberty is a greatly cherished value in the life of an individual, it is a controlled and restricted one, and no element in the society can act in a manner by consequence of which the life or liberty of others is jeopardised, for the rational collective does not countenance an anti-social or anti-collective act. (See: Ash Mohammad v. Shiv Raj Singh, (2012) 9 SCC 446: (2012) 3 SCC (Cri) 1172.). 14 2025:HHC:38105 19. Therefore, the petitioner is not entitled to bail because of his criminal antecedents. 20. The judgments of this Court in Nawang Sonam (supra) and Raman Ravi Verma (supra) will not help the petitioner because the accused in those cases did not have any criminal antecedents, and the facts of the cited cases were different from the present case. 21. No other point was urged. 22. In view of the above, the petitioner is not entitled to bail; hence, the present petition fails, and it is dismissed. 23. The observation made herein before shall remain confined to the disposal of the instant petition and will have no bearing, whatsoever, on the merits of the case. (Rakesh Kainthla) Judge 13thNovember 2025. (Nikita)