2025:HHC:11313 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.53 of 2025 Decided on: 28.04.2025 Sanjay Kumar .…Petitioner. Versus Narcotics Control Bureau (Union of India) …. Respondent. Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting? 1 For the petitioner : Mr. Arjun Lall, Legal Aid Counsel, Advocate. For the Respondent: Mr. Ashwani Pathak, Senior Advocate, with Mr. Dev Raj, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, petitioner has prayed for his enlargement on bail, in NCB Crime No.43 of 2021, dated 23.06.2021, registered under Sections 8, 20, 29 and 60 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter to be referred as “the NDPS Act”), at Police Station Narcotic Control Bureau (NCB), Chandigarh. 2. Learned Legal Aid Counsel appearing for the petitioner has submitted that though the alleged recovery of the contraband is of commercial quantity, yet this is a fit case wherein this Court should allow the application preferred by the petitioner and release him on bail, for the reason that out of the four co-accused, three have already been released on bail by the Court of learned Special Judge 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:11313 itself, on the ground of delay in trial. Learned Legal Aid Counsel further submitted that release one of the co-accused was in terms of order dated 06.07.2024 and thereafter also, no considerable progress has been made in the trial. He apprised the Court that the case was lastly listed on 22.04.2025 and 23.04.2025 for recording the statements of the prosecution witnesses, but none of the prosecution witnesses turned up on the said dates. He submitted that in this situation, the continuous custody of the petitioner amounts to incarceration, more so in the light of the fact that the petitioner is in custody since 23.06.2021. 3. Learned Senior Counsel appearing for the respondent has vehemently argued that taking into consideration the fact that huge quantity (commercial quantity) of Charas was recovered by the petitioner and other co-accused, but he could not dispute the fact that other co-accused have been released on bail. 4. This Court is of the considered view that all other co- accused have already been released on bail on the ground of delay in trial, it would not be fair to deny the bail to the petitioner on this ground, because all of them were apprehended with the contraband while travelling in the same vehicle. 5. Therefore, without going into other aspects of the matter and on the aspect of fair play and also to avoid discrimination between similarly situated persons, this Court allowes the petition 3 2025:HHC:11313 and the petitioner is ordered to be released on bail in NCB Crime No.43 of 2021, dated 23.06.2021, registered under Sections 8, 20, 29 and 60 of the NDPS Act, at Police Station Narcotic Control Bureau (NCB), Chandigarh, on his furnishing bail bonds to the tune of Rs.1,00,000/- with two sureties of the like amount to the satisfaction of learned Special Judge concerned, subject to the following conditions:- @ i.) That the petitioner shall file an undertaking in the Court that he shall put in appearance in the Court and attend the trial regularly. ii) That the petitioner shall not tamper with the prosecution evidence in any manner whatsoever and shall not try to influence the witnesses conversant with the facts of the case. iii) That the petitioner shall not leave the jurisdiction of Himachal Pradesh without the express permission of this Court till the conclusion of the trial. iv) That in case the petitioner is found involved in a case of similar nature of the NDPS Act, the discretion of bail shall stand revoked.” 6. It is clarified that findings, which have been returned by this Court while deciding this petition, are only for the purpose of adjudication of the present bail petition and learned Trial Court shall not be influenced, in any manner whatsoever, by any of the findings so returned by this Court in the adjudication of this 4 2025:HHC:11313 petition during the course of the trial of the case. The petition stands disposed of in the above terms. (Ajay Mohan Goel) Judge April 28, 2025 (Rishi)