( 2025:HHC:5507 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No.457 of 2025 Decided on : 7th March, 2025 Neeraj …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. Hemant Kumar Thakur, Advocate. For the respondent : Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge (oral) Applicant-Neeraj, apprehending his arrest, in FIR No.20 of 2025, dated 05.03.2025, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Sunni, District Shimla, H.P., has filed the present application, under Section 482 of the Bharatiya 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 ( 2025:HHC:5507 ) Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, a prayer has been made to direct the police of Police Station, Sunni, to release the applicant on bail, in the event of his arrest in the above said case. 3. According to the applicant, he has falsely been named as accused, in this case. 4. As per the applicant, on 5.3.2025, at about 8.00 p.m., an anonymous complaint was made at Police Station Sunni, alleging that the driver of Mahindra Pick up bearing registration number HP30-A-2555, was seen throwing a suspicious bag in the forest area along Nabha to Sunni Road. Subsequently, the police of Police Station Sunni conducted a search operation in the said area and allegedly recovered 477 grams of Charas. 5. According to the applicant, without conducting proper investigation or verification, the police officials have implicated the petitioner merely on the basis of the fact that the petitioner is the driver of the vehicle bearing registration No.HP30-A-2555. 3 ( 2025:HHC:5507 ) 6. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 482 of the BNSS. 7. On all these submissions, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report, disclosing therein, that on 04.03.2025, investigation officer of the case, along with other police official, was on patrolling duty and duty to detect crime relating to excise and narcotic drugs. 8.1. At about 10.50. p.m., when, the police party was present at a place known as ‘Hari Bawari’, then, the I.O. received a secret information, regarding indulgence of Neeraj (applicant), coming from Luhri side, having large quantity of charas. According to the secret information, he was coming to Tattapani to supply the same. 8.2. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, the accused, as well as, the contraband could not be found there. As 4 ( 2025:HHC:5507 ) such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer. 8.3. Thereafter, picketing was done. At about 11.10 p.m., from Luhri Chaba side, the aforesaid pick-up was noticed, being driven by its driver. With the help of search light, the driver of the said vehicle was directed to stop, upon which, the vehicle was stopped and one person was found sitting in it. 8.4. On inquiry, the driver disclosed his name as Neeraj (applicant). Since the road was narrow at the spot, as such, the applicant, by saying that he will park the vehicle in the side of the road, had reversed the same, at high speed, for about 100 meters. Thereafter, after parking the vehicle on the side of the road, he had thrown a white coloured packet from the vehicle towards lower side of the road and fled away from the spot. 8.5. Thereafter, the police party tried to nab the said vehicle, but, the applicant had drove the vehicle at a high speed, hence, the police could not ascertain the fact whether he had gone to Basantpur side or Sunni side. 5 ( 2025:HHC:5507 ) Thereafter, search was conducted to nab him. When the packet thrown by him was opened, the same was found to be containing charas, which, on weighment was found to be 477 grams. 9. On the basis of the above facts, the FIR in question has been registered. 10. Heard. 11. In this case a specific stand has been taken by the Police that the applicant is not joining the investigation of the case. The investigation, qua the fact as to from where, he had brought the charas and where, he was going to sell it, is yet to be conducted. Hence, a prayer has been made to dismiss the application. 12. In the status report, name and address of the accused (applicant) has clearly been mentioned. The accused (applicant) allegedly threw away the packet, containing 477 grams of charas and thereafter, fled away from the spot, while driving away his vehicle. 13. Considering all these facts, this Court is of the view that at the time of deciding the question of bail, a 6 ( 2025:HHC:5507 ) delegate balance between the individuality and the larger interest of the society is to be considered. 14. The NDPS Act is a special statute and keeping in view the adverse impact of the narcotic drugs on the society, especially, on the young generation, this Court is of the view that the applicant is not entitled to any relief under Section 482 of the BNSS. In case, any direction is issued to the Police not to arrest the applicant, it will give wrong signal to the society. 15. Not only this, if any restriction is put upon the police/investigating officer, then, it will encourage/allure other persons to indulge in such type of activities, since, a person, named as accused, for allegedly possessing 477 grams of Charas, is still moving freely in the society. 16. Considering all these facts, no case to pass any direction, in favour of the applicant, under Section 482 BNSS, is made out, at this stage. Consequently, the bail application of the applicant is dismissed. 17. Any of the observations, made herein above, shall not be taken as an expression of opinion, on the 7 ( 2025:HHC:5507 ) merits of the case, as these observations, are confined, only, to the disposal of the present bail application. ( Virender Singh ) Judge March 07, 2025(ps)