( 2025:HHC:5513 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.388 of 2025 Date of Decision: 10.03.2025 Harish Verma …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. Manoj Pathak and Mr. Harsh, Advocates. For the Respondent : Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Vinod No.192, Police Station Theog, Shimla. Virender Singh, Judge (Oral) Applicant-Harish Verma has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘BNSS’), for releasing him on bail, in case FIR No.05 of 2025, dated 10.01.2025, registered under Sections 18 & 21 of the Narcotic Drugs & Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), with Police Station Theog, District Shimla, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:5513 ) 2. According to the applicant, he is innocent and has falsely been implicated and arrested in this case by the police, for allegedly possessing 19 grams opium and 8 grams heroin/chitta, whereas, according to him, he has no connection, whatsoever, with the alleged recovery of the said contraband. 3. As per the applicant, the FIR, has been registered on the basis of the false witnesses, procured by the police and the story of the police is highly doubtful and improbable. 4. The applicant has also pleaded that apart from the present case, another case has been registered against him, under the provisions of NDPS Act, in which, the contraband falls within the definition of ‘small quantity’. 5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Rohru, (Camp at Theog), District Shimla, H.P. However, the same was dismissed vide order dated 19.02.2025. 6. Apart from this, Shri Manoj Pathak, Advocate, appearing for the applicant, has given certain undertakings, ( 2025:HHC:5513 ) on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail. 7. When, put to notice, the police has filed the status report, disclosing therein, that on 10.01.2025, ASI Rakesh Kumar received a secret information regarding the Narcotic Drugs. Thereafter, he has complied with the provisions of Section 41(2) of NDPS Act, and obtained the search warrant of the house of applicant-Harish Verma alias Kaku. When, the IO, alongwith the police official, was on the way to the house of the applicant, he associated Sahil Rathore and Arun Chandel, as independent witnesses. At about 6:35 PM, they have reached the house of applicant- Harish Verma situated at Deorighat. He was present there. 7.1 Thereafter, his room was searched. On search, 8.75 grams heroin/chitta and 19.01 grams opium were found in the room. Apart from this, currency notes of Rs.75,000/- were also found from the said room. 7.2 Subsequently, after registration of the FIR, applicant was arrested. The contraband, so recovered was sent to SFSL Junga, from where the positive report has been received. ( 2025:HHC:5513 ) 7.3 It has been mentioned in the status report that apart from the present case, a case bearing FIR No.215 of 2015, has been found to have been registered under Section 20 of NDPS Act, with Police Station Dhalli, against the applicant, in which, he has been acquitted by the learned Special Judge, Shimla, on 29.04.2017. Another case, bearing FIR No.218 of 2018, dated 02.11.2018, under Section 20 of NDPS Act, is stated to have been registered against the applicant, with Police Station Theog, District Shimla, H.P., which is pending adjudication. 8. Lastly, it has been pleaded in the status report that the investigation, in the present case, is complete and same will be filed in the Court of learned Additional Sesions Judge, Rohru, on 11.03.2025. 9. On the basis of the above facts, a prayer has been made to dismiss the bail application. 10. During the course of the argument, the learned counsel appearing for the applicant has placed on record the copy of the FIR No.218 of 2018, dated 02.11.2018, registered against the applicant, with Police Station Theog, District Shimla, H.P., in which he was arrested for allegedly possessing chitta, weighing 4 grams (small quantity). ( 2025:HHC:5513 ) Admittedly, in the said case, the applicant has not been convicted by the competent Court of law. 11. Now, the question arises, as to whether on the basis of the previous FIR i.e. FIR bearing No.218 of 2018, with Police Station, Theog, the applicant can be said to be a habitual offender. Answer to this question is in the negative, as the presumption of innocence is still available to the applicant, as, the quantity of contraband in FIR No.218 of 2018 was small quantity, whereas, in the present case, the quantity of contraband falls within the definition of non- commercial quantity, as such, rigors of Section 37 of NDPS Act, are not applicable. 12. The applicant is permanent resident of Deorighat, Tehsil Theog, District Shimla, H.P., as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. Even otherwise, a specific stand is taken by the police in the status report that the investigation, in the present case is complete, and the charge sheet will be filed on 11.03.2025, in the Court of learned Additional Sessions Judge, Rohru. ( 2025:HHC:5513 ) 13. Considering the said fact, this Court is of the view that the custodial interrogation of the applicant is no longer required by the police. 14. Moreover, the bail application cannot be rejected as a matter of punishment, as, punishment can only be inflicted after the full fledged trial. The chances of commencement and conclusion of the trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping him in judicial custody, that too, for indefinite period. 15. Considering all these facts, this Court is of the view that the bail applicant is able to make out a case for grant of bail in his favour. The bail application is accordingly allowed. 16. Consequently, the applicant is ordered to be released, on bail, in case FIR No.05 of 2025, dated 10.01.2025, registered under Sections 18 & 21 of the NDPS Act, with Police Station Theog, District Shimla, H.P., on his furnishing personal bond in the sum of Rs.50,000/-, with one surety of the like amount, to the satisfaction of the learned Special Judge, Rohru/Additional Chief Judicial Magistrate Theog, District Shimla, H.P. ( 2025:HHC:5513 ) 17. This order, however, shall be subject to the following conditions:- a) The applicant shall make himself available for the purpose of interrogation, if so required and 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 the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court. 18. 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. 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. ( 2025:HHC:5513 ) 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Kaithu, through e- mail, 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 Jail, Kaithu, is directed to inform this fact to the Secretary, DLSA Shimla. The Superintendent of Jail, Kaithu, is further directed that if the applicant fails to furnish the bail bonds, as 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 March, 10, 2025 (subhash) Digitally signed by RAJNI Date: 2025.03.10 18:05:10 IST