12025:HHC:7752 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 556 of 2025 Reserved on: 24.3.2025 Decided on: 26.3.2025 Sumit … Applicant Versus State of H.P. …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. T.K. Verma, Advocate. For the Respondent : Mr. Varun Chandel, Addl. A.G. Virender Singh, Judge Applicant Sumit has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) for releasing him, on 22025:HHC:7752 bail, during the pendency of the trial, in case FIR No. 177 of 2023, dated 22.11.2023, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS’) with Police Station, Theog, District Shimla, H.P. 2. According to the applicant, he has falsely been implicated in this case. 3. It is the further case of the applicant that he is having deep roots in the society, and except the present case, no other case has been registered against him. 4. The applicant had tried his luck by moving similar bail applications which were dismissed vide orders, dated 18.3.2024, and 5.9.2024. 5. Thereafter, the applicant has approached this Court by moving bail application, bearing No. 2401 of 2024, which was dismissed as withdrawn on 12.11.2024. 32025:HHC:7752 6. According to the applicant, chances of conclusion of 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. The contraband, allegedly recovered, in this case, is also stated to be not falling within the definition of ‘commercial quantity’. 7. All these facts have been highlighted to show that rigors of Section 37 of the NDPS Act are not applicable, in the present case. 8. On the basis of above facts, Mr. T.K. Verma, Advocate, appearing for the applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail. 9. When, put to notice, Police has filed the status report, disclosing therein that on 21.11.2023, ASI Narender Kumar, Incharge, Police Chowki, Fagu, received a secret information on his mobile phone, at about 11:45 p.m. As per the 42025:HHC:7752 information, a vehicle bearing No.HR-04K-0225, being driven by its driver, was moving from Kufri side. There were stated to be three occupants in the said car, who were having large quantity of narcotic substance, in their possession. The said information was found to be authentic and reliable. 10.1 It is the further case of the Police that according to the I.O., the Court complex was at a considerable distance, as such, it was not possible for him to obtain search warrant, and in case, any efforts were made in this regard, in that eventuality, the contraband could have been removed from the vehicle, upon which, he has complied with the provisions of Section 42(2) of the NDPS Act, and submitted the same to the SDPO Theog, through Constable Amit. Thereafter, I.O. alongwith other police officials had put picketing at main chowk, Fagu, at about 12:05 a.m. 52025:HHC:7752 10.2 In the meanwhile, vehicle No.HP-09C-4077, being driven by its driver, reached at the place of picketing. Apart from the driver, another person was also found sitting in the car. On inquiry, the driver of the vehicle disclosed his name as Parth, S/o Rajinder Singh, Vill Gallu, P.O. Phagu, Tehsil Theog, District Shimla, H.P., and the other person disclosed his name as Naresh Kumar. Both of them were apprised about the secret information and associated them in the raiding party, as independent witnesses. 10.3 At about 12:30 a.m., vehicle bearing No. HR-04K-0225, being driven by its driver, reached at the spot from Kufri side. The I.O., with the help of other police officials, had stopped the vehicle. Apart from the driver, two other persons were found travelling in the car. In the presence of independent witnesses Parth and Naresh Kumar, names and addresses of those persons were inquired. On 62025:HHC:7752 inquiry, the driver of the vehicle disclosed his name as Rajesh Saini, S/o Sh. Phool Singh, R/o Village Dhakola, P.O.Saha, Tehsil Barada, District Ambala, Haryana, whereas, the person sitting by the side of the driver seat disclosed his name as Vijay, S/o Salig Ram, R/o Jhuggi Basti Colony Babiyal, Haryana. The other person, sitting in the car, has disclosed his name as Sumit (applicant), S/o Subhash Chand, R/o H.No. 04, Vashishtnagar, Ward No. 13, Baniyal Road, Ambala Cantt. 10.4 After complying with the other codal formalities, the vehicle was searched. During search, chitta/heroin was found to be concealed underneath the footmat. On weighment, the said chitta was found to be 179.98 grams. Other codal formalities were completed. After registration of the FIR, all the aforesaid three persons were arrested, in this case. 72025:HHC:7752 10.5 Thereafter, the aforesaid persons were stated to be produced before the competent Court of law, from where, they were remanded to Police custody. 10.6 During investigation, co-accused Vijay disclosed that he is supplying chitta/heroin to the smugglers of Rohru area. He used to contact them though whatsapp call. Accused Vijay disclosed that vehicle No. HR-04K-0225, in which, he was found travelling on 25.11.2023, was purchased by him from applicant Sumit. However, the Registration Certificate of the same is still stated to be in the name of applicant Sumit. The vehicle in question was stated to be purchased by accused Vijay, on installments. 10.7 It is the further case of the Police that accused Vijay had disclosed that he has been arrested for allegedly possessing 80 grams heroin and remained in custody in Central Jail, Ambala. 82025:HHC:7752 Apart from this, a case under Section 307 IPC is also stated to have been registered against him. It has also been disclosed by accused Vijay that on 18.11.2023, he alongwith applicant Sumit had gone to Delhi, where, they had negotiated with one African national, where two persons came on a Scooty and handed over the contraband to them. 10.8 It is the further case of the police that during investigation, statements of accounts of accused Vijay and applicant Sumit were obtained. 10.9. It is the further case of the Police that accused Vijay is the main kingpin of the gang, who is supplying chitta/heroin, in the area. accused Vijay, in connivance with his companion Sumit Passi (applicant), is getting online payment, in the bank account of Sumit Passi (applicant). As per the status report, Sonu Bhotka has deposited a sum of Rs. 32,500/-, in the bank account of Sumit Passi, whereas, accused Vishal Sharma, 92025:HHC:7752 accused Shivangi, Rakesh Vekta, Vikesh Kumar, and Yashwant Singh Thakur, had deposited a sum of Rs. 26,000/-, Rs. 3200/-, 34,500/-, Rs. 99,000/- and Rs. 2,40,000/-, in the bank account of applicant Sumit Passi and total amount of Rs. 5,72,000/- is found to have been deposited through online payment. Thereafter, applicant Sumit Passi has withdrawn the aforesaid amount through ATM and handed over the same to accused Vijay Bihari. Applicant Sumit Passi had transferred a sum of Rs.4,87,260/-, in the bank account of Vijay Bihari, whereas, an amount of Rs. 5,05,000/- was withdrawn through ATM. 10.10. Accused Vijay Bihari is stated to be running an interstate drug racket. 10.11. In the status report, it has been submitted that the case is now listed before the learned trial Court, i.e. learned Additional Sessions Judge, 102025:HHC:7752 Rohru, Camp at Theog, for 16.4.2025, for recording the statements of PW-9 to PW-14. 10.12 Lastly, it has been submitted by the Police that in case the applicant is released on bail, he alongwith his companions, may again indulge in same activities and coerce the witnesses. 10.13 On the basis of above facts, a prayer has been made to dismiss the application. 11. The stand of the Police qua the fact that the applicant is the accomplice of the kingpin of an organized gang, who used to sell the heroin to young generation of the State, cannot be said to be unfounded, at this stage. 12. The applicant is resident of Ambala and as per the stand of the Police, he is having financial transactions with the persons, who were residents of Himachal Pradesh. According to the status report, all the three accused persons, who were initially arrested in this case, while travelling in 112025:HHC:7752 Car No. HR-04K-0225, are residents of District Ambala, Haryana, and they are having financial transactions with other co-accused, namely, Daya Nand, R/o Seelu Tikker, Tarun @ Tanu, R/o Village Bharada, Tehsil Theog, Sanjay @ Sonu Bhotka, R/o Batlad, Tehsil Theog and Vikesh Kumar @ Vicky, R/o Sangti, Damandari, who were also arrested in this case, on the basis of their financial transactions with the accused, who were initially arrested, in this case, including the applicant. Later on, one Neelam @ Shivangi was also arrested on 4.1.2024, on the basis of her involvement, in this case. 13. In this case, a specific stand has been taken by the Police that accused Vijay Bihari is the kingpin of the Drugs Peddlers’ Gang. He, alongwith his accomplice Sumit Passi (applicant), used to collect the amount from the local heroin smugglers, through online payment. 122025:HHC:7752 14. As per the status report, in the bank account of Sumit Passi (applicant), accused Rakesh Vekta deposited a sum of Rs. 34,500/- accused Vikesh Kumar deposited a sum of Rs. 99,000/-, accused Vishal Sharma deposited a sum of Rs. 26,000/-, accused Shivangi deposited a sum of Rs. 3200/-, accused Daya Nand Sharma deposited a sum of Rs. 65,000/- accused Sanjay deposited a sum of Rs. 32,500/- and accused Yashwant Thakur deposited a sum of Rs. 2,40,000/-. As per the Police, the aforesaid amount was withdrawn by applicant Sumit Passi and given to accused Vijay Bihari. 15. In this case, the Police has also apprehended that in case the applicant is released on bail, he may again indulge in the same activities with the help of his companions. These apprehensions, at this stage, can not be said to be unfounded. 132025:HHC:7752 16. Considering the above facts, in its entirety, this Court is of the considered opinion that the applicant is not able to make out a case, for grant of bail, in this case. As such, the present application is dismissed. 17. 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. (Virender Singh) Judge 26.3.2025 Kalpana