( 2025:HHC:41909 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. : 2829 of 2025 Decided on : 03.12.2025 Kulwinder Gill …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. Ganesh Barowalia & Mr. Naveen Kumar Dass, Advocates. For the respondent : Mr. H.S. Rawat & Mr. Mohinder Zharaick, Additional Advocates General. Virender Singh, Judge (Oral): Applicant Kulwinder Gill, apprehending his arrest, in a case arising out of FIR No. 68 of 2025, dated 11.09.2025, registered under Sections 15, 29, 61, and 85 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) with Police Station Mehatpur, District Una, H.P., has filed the present application, under Section 482 of Bharatiya 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2( 2025:HHC:41909 ) Nagarik Suraksha Sanhita 2023 (hereinafter referred to as the BNSS). 2. By way of the present application, indulgence of this Court has been sought, by the applicant, to direct the IO/Police to Police Station Mehatpur, District Una, H.P., to release him on bail, in the event of his arrest,in the above mentioned FIR. 3. According to the applicant, he was not present at the time of the alleged raid. During the raid conducted at the house of the applicant’s father, only 1.390 kg of Churra-Post/Bhukki was allegedly recovered, which, according to the applicant, does not fall within the definition of commercial quantity. 4. The vehicle allegedly used in the crime, and from which alleged the recovery was effected, is also stated to be not registered in the name of the applicant. 5. According to the applicant, even the keys of the vehicle were found in the pocket of Mandeep Singh, who has also been named as an accused, in the present case. All these facts have been pleaded to demonstrate 3( 2025:HHC:41909 ) that the applicant has no concern, whatsoever, with the crime in question. 6. The applicant also tried his luck by moving similar bail application before the learned Special Judge, Una, District Una, H.P., which was dismissed on 23.09.2025. 7. Apart from this, the learned counsel appearing for the applicant has given certain undertakings on behalf of the applicant, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer of Police Station Mehatpur. 8. On the basis of the factual position, mentioned in the application, a prayer has been made to allow the bail application. 9. When put to notice, the police has filed status report, disclosing therein, that on 11.09.2025, ASI Nagender Pal left Police Station Mehatpur, District Una, in his private vehicle bearing registration No. HP-12M- 3704 for patrolling duty and for detecting crime relating to excise, etc. At about 12:50 p.m., when the 4( 2025:HHC:41909 ) Investigating Officer was present in the market at Chadatgarh, he received a secret information about the involvement of Kulwinder Singh, s/o Telu Ram, R/o Ward No. 05, Village & Post Office Chadatgarh, Tehsil & District Una, H.P.(applicant) in the business of Churra- Post/Bhukki. 9.1. As per the information, Kulwinder Gill (applicant) had parked his vehicle bearing registration No. UP16CT-8306 in Balmiki Mohallah, Village Chadatgarh, and in the rear seat of the said vehicle, a large quantity of Churra-Post/Bhukki had been kept, which could be recovered. Apart from this, it was also mentioned in the secret information that a large quantity of Churra-Post/Bhukki could be recovered from their house. Kulwinder Gill (applicant) is the cousin brother of Mandeep Singh, s/o Harkirath Singh, R/o Village Lodhipur, Post Office & Tehsil Anandpur Sahib, District Rupnagar (Punjab), and he is residing in the house of the applicant. Both of them are allegedly indulged in the illegal business of selling Churra-Post/Bhukki. 5( 2025:HHC:41909 ) 9.2. According to the Investigating Officer, the information was authentic and reliable, and obtaining search warrants/authorization could have caused delay, enabling the removal of the contraband from the spot. As such, ASI Nagender Pal prepared a report under Section 42(2) of the NDPS Act and submitted the same to the Additional Superintendent of Police, Una. Thereafter, the Investigating Officer, along with other police officials, proceeded towards the house of Kulwinder Gill (applicant) to conduct a search. On the way, Pradhan Satpal Singh of the Gram Panchayat and Up-Pradhan Bhushan of Village Chadatgarh were associated, after being apprised of the secret information. They, then reached Ward No. 5 at Charatgarh in Balmiki Mohallah, at the gate of the house of the applicant - Kulwinder Gill. 9.3. The applicant did not open the gate. The gate was instead opened by a person who was called outside and ASI Nagender Pal inquired about the name and address of the said person, who disclosed his name as Mandeep Singh, s/o Harken Singh, R/o Village 6( 2025:HHC:41909 ) Lodhipur, Post Office & Tehsil Anandpur Sahib, District Rupnagar (Punjab), aged 28 years. On inquiry, he disclosed that he is the cousin of Kulwinder Gill (applicant) and that he has been running a barber shop in Village Chadatgarh and residing in the house of the applicant for the last one year. 9.4. Thereafter, ASI Nagender Pal apprised him of the secret information and also informed him about the Investigating Officer’s suspicion that contraband might be present in his vehicle, bearing registration No. UP16CT-8306 as well as, in the house. He then asked Kulwinder Gill (applicant) to allow a search of his residential house and vehicle. In response, he disclosed that Kulwinder Gill (applicant) had fled from the house without disclosing anything. 9.5 Upon this, ASI Nagender Pal apprised Mandeep Singh of his legal rights under Section 50 of the NDPS Act. Before conducting the search, the Investigating Officer offered Mandeep Singh the opportunity to inspect the police party, the independent 7( 2025:HHC:41909 ) witnesses, and the Investigating Officer said Mandeep Singh refused to inspect the police party, the Investigating Officer, and the present witnesses. 9.6 Thereafter, in the presence of the independent witnesses, residential house was searched. Underneath a corner table, a cloth bag was found, which, upon inspection, found containing three plastic envelopes one white, one black, and one transparent. When these envelopes were checked, all three were found containing a brown-colored powdery substance, which was identified as Churra Post/Bhukki. 9.7. Upon inquiry, accused Mandeep Singh also disclosed that the said substance was Churra Post/Bhukki. Considering the quantity of the Churra Post/Bhukki, a large electronic weighing scale was required to weigh it. Accordingly, HC Jaswant Singh was directed to bring an electronic weighing scale from the local market. After some time, he returned along with a salesman from the local society, Chadatgarh, named Varun Bhardwaj, who brought an electronic weighing 8( 2025:HHC:41909 ) machine. The envelopes were weighed, and the weights were as follows: “the transparent envelope weighed 270 grams, the white envelope weighed 460 grams, and the black envelope weighed 660 grams. 9.8. These weights included the contents of the Churra Post/Bhukki.” 9.9. Thus, according to the police, a total of 1.390 kg of Churra Post/Bhukki was found in the three envelopes. Other codal formalities were completed, and thereafter, inquiry was made regarding the vehicle of Kulwinder Gill (applicnat) bearing registration No. UP16CT-8306. Mandeep Singh took out the key from his pocket, and the said vehicle was checked. Upon opening the vehicle with the key provided by Mandeep Singh, four envelopes containing Churra Post/Bhukki were found on the rear seat. Upon weighing, the said Churra Post/Bhukki was found to be 121.570 kg. The vehicle, alongwith keys and the contraband recovered from the room, was taken into possession. 9( 2025:HHC:41909 ) 9.10. Other codal formalities were completed. The Investigating Officer, thereafter submitted the Ruqa. On the basis, of which the FIR issue was registered. 9.11. On the basis of the above facts, a prayer has been made in the status report, stating that the investigation is ongoing, and the applicant has not yet been arrested or joined in the investigation. 9.12. As such, a prayer has been made to dismiss the bail application. 10. Heard. 11. In this case, according to the stand taken by the police, the applicant was not present, when the police, conducted the search of his house. However, his cousin brother, Mandeep Singh, was present who had allegedly provided the key to the vehicle bearing registration No. UP16CT-8306, which, according to the police, belongs to applicant, Kulwinder Gill. The Investigating Officer has recorded that upon inquiry Mandeep Singh about Kulwinder Gill’s vehicle, Mandeep 10( 2025:HHC:41909 ) Singh handed over the keys, which he had kept in the pocket of his lower. 12. In this case, applicant, Kulwinder Gill, has taken the defence that he has no concern, whatsoever, with the vehicle, bearing registration No. UP16CT-8306. However, this fact would be proved or probabilized by applicant, Kulwinder Gill, during the course of the trial. Moreover, considering the fact that co-accused, Mandeep Singh, is a resident of Village Rupnagar (Punjab), and, as per the stand taken by the police in the status report, he has been running a barber shop for the last one year and residing in the house of the applicant, the stand taken by the police regarding the involvement of applicant, Kulwinder Gill, cannot be doubted. 13. The contraband allegedly recovered, in the present case, falls within the definition of commercial quantity. Therefore, before passing any order under Section 482 or Section 483 of BNSS, it is incumbent upon this Court to record findings, which are more than prima facie, regarding the existence of the twin 11( 2025:HHC:41909 ) conditions under Section 37(1)(b)(ii) of the NDPS Act, giving due consideration to the fact that the applicant is not yet proven guilty of the offence and that, if released on bail, he will not commit any offence. 14. At this stage, there is nothing on record that would justify recording such findings in favour of the applicant. Granting relief to the applicant under Section 482 of BNSS, in such cases, would send a wrong signal to society, implying that, after committing such a heinous crime, the applicant is moving freely. The release of the applicant would also encourage others to indulge in similar activities, which is contrary to the rule of law and defeats the purpose for which the legislature, in its wisdom, has enacted the special statute, i.e., the NDPS Act, to curb the menace of drugs. 15. Considering all these facts, the applicant is not able to make out a case for grant of bail, at this stage. Consequently, the bail application is dismissed. 16. Any of the observations, made hereinabove, shall not be taken as an expression of opinion on the 12( 2025:HHC:41909 ) merits of the case and the learned trial Court shall decide the matter uninfluenced by any of the observations made hereinabove. ( Virender Singh ) Judge December 03, 2025 (Shamsh Tabrez)