1 2026:HHC:28757 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 766 of 2026 Reserved on: 14.07.2026 Decided on : 15.07.2026 Manish …. Petitioner Versus State of HP …. Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1No For the Petitioner : Mr Lovneesh Thakur, Advocate. For the Respondent/State : Mr Lokender Kutlehria, Additional Advocate General. Rakesh Kainthla, Judge The petitioner has filed the present petition seeking regular bail in FIR No. 27 of 2026 dated 11.02.2026, registered at the Police Station, Balh, District Mandi, H.P., for the commission of offences punishable under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act). 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:28757 2. It has been asserted that, as per the prosecution, the police had received secret information during patrolling on 10.02.2026 that two persons, present in Room No. 104 of Hotel Preet, were involved in the illicit trade of drugs. The information was credible, and the delay in procuring the search warrant would have led to the destruction of the heroin. The police associated independent witnesses, and went to room No. 104,after completing the formalities, and found two persons in the room. They disclosed their names as Manish, the present petitioner,and Piyush. The police searched the room and recovered a transparent polythene packet containing 6 grams of heroin in it. The police seized the heroin and arrested the petitioner and the co-accused. These allegations are false. The petitioner has nothing to do with the commission of the crime. The petitioner was arrested on 17.04.2026. The police have completed the investigation, and no fruitful purpose would be served by detaining the petitioner in custody. FIR No. 138 of 2022, dated 15.06.2022, has been registered against the petitioner, which is pending before the learned Special Judge, Bilaspur. The petitioner would abide by the terms and conditions that the Court may impose. Hence the petition. 3 2026:HHC:28757 3. The petition is opposed by filing a status report asserting that the police received secret information on 10.02.2026 at about 10.30 p.m. that a huge quantity of heroin could be found from two persons staying in Room No. 104 of Hotel Preet. The police reduced the information to writing and sent it to the Supervisory Officer. The police associated Amrit Pal Kaur and Chirang and went to Room No. 104. Two people were found inside the room. They disclosed their names as Manish, the present petitioner, and Piyush. The police searched the room and recovered a polythene packet containing 6 grams of heroin. The police arrested the petitioner and the co-accused and seized the heroin. The heroin was sent to the FSL and was confirmed to be a sample of diacetylmorphine (heroin) after the analysis. FIR No. 138 of 2022 has been registered against the petitioner. The charge sheet was filed before the Court on 10.04.2026, and the matter was listed on 12.06.2026 for the service of the accused. Hence, the status report. 4. I have heard M/s Narender Guleria and Lovneesh Thakur, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State. 4 2026:HHC:28757 5. Mr Narender Guleria, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The quantity of heroin stated to have been recovered by the police from the petitioner's possession is slightly more than a small quantity, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The police have filed the charge sheet before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail. 6. Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State, submitted that the petitioner was earlier found involved in the commission of a similar crime, and he is likely to indulge in the commission of an offence if released on bail. Therefore, he prayed that the present petition be dismissed. 7. I have given a considerable thought to the submissions made at the bar and have gone through the records carefully. 5 2026:HHC:28757 8. The parameters for granting bail were considered by the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC 314: 2025 SCC OnLine SC 781, wherein it was observed at page 380: (i) Broad principles for the grant of bail 56. InGudikanti Narasimhulu v. High Court of A.P., (1978) 1 SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while elaborating on the content of Article 21 of the Constitution of India in the context of personal liberty of a person under trial, has laid down the key factors that should be considered while granting bail, which are extracted as under: (SCC p. 244, paras 7-9) “7. It is thus obvious that the nature of the charge is the vital factor, and the nature of the evidence is also pertinent. The punishment to which the party may be liable, if convicted or a conviction is confirmed, also bears upon the issue. 8. Another relevant factor is whether the course of justice would be thwarted by him who seeks the benignant jurisdiction of the Court to be freed for the time being. [Patrick Devlin, “The Criminal Prosecution in England” (Oxford University Press, London 1960) p. 75 — Modern Law Review, Vol. 81, Jan. 1968, p. 54.] 9. Thus, the legal principles and practice validate the Court considering the likelihood of the applicant interfering with witnesses for the prosecution or otherwise polluting the process of justice. It is not only traditional but rational, in this context, to enquire into the antecedents of a man who is applying for bail to find whether he has a bad record, particularly a record which suggests that he is likely to commit serious offences while on bail. In regard to habituals, it is part of criminological history that a thoughtless bail order has enabled the bailee to exploit the opportunity to inflict further crimes on the members of society. Bail discretion, on the basis of evidence about the 6 2026:HHC:28757 criminal record of a defendant, is therefore not an exercise in irrelevance.” (emphasis supplied) 57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4 SCC 280: 2001 SCC (Cri) 674, this Court highlighted various aspects that the courts should keep in mind while dealing with an application seeking bail. The same may be extracted as follows: (SCC pp. 284-85, para 8) “8. The jurisdiction to grant bail has to be exercised on the basis of well-settled principles, having regard to the circumstances of each case and not in an arbitrary manner. While granting the bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or State and similar other considerations. It has also to be kept in mind that for the purposes of granting the bail the legislature has used the words “reasonable grounds for believing” instead of “the evidence” which means the court dealing with the grant of bail can only satisfy it (sic itself) as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge.” (emphasis supplied) 58. This Court in Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking through Banerjee, J., emphasised that a court exercising discretion in matters of bail has to undertake the same judiciously. In highlighting that bail should not be granted as a matter of course, bereft of cogent reasoning, this Court observed as follows: (SCC p. 602, para 3) “3. Grant of bail, though being a discretionary order, but, however, calls for the exercise of such a discretion in a judicious manner and not as a matter of course. An order 7 2026:HHC:28757 for bail bereft of any cogent reason cannot be sustained. Needless to record, however, that the grant of bail is dependent upon the contextual facts of the matter being dealt with by the court and facts do always vary from case to case. While the placement of the accused in society, though it may be considered by itself, cannot be a guiding factor in the matter of grant of bail, the same should always be coupled with other circumstances warranting the grant of bail. The nature of the offence is one of the basic considerations for the grant of bail — the more heinous is the crime, the greater is the chance of rejection of the bail, though, however, dependent on the factual matrix of the matter.” (emphasis supplied) 59. InKalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC 528: 2004 SCC (Cri) 1977, this Court held that although it is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of the case, yet the court is required to indicate the prima facie reasons justifying the grant of bail. 60. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496: (2011) 3 SCC (Cri) 765, this Court observed that where a High Court has granted bail mechanically, the said order would suffer from the vice of non-application of mind, rendering it illegal. This Court held as under with regard to the circumstances under which an order granting bail may be set aside. In doing so, the factors which ought to have guided the Court's decision to grant bail have also been detailed as under: (SCC p. 499, para 9) “9. … It is trite that this Court does not, normally, interfere with an order passed by the High Court granting or rejecting bail to the accused. However, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering a bail application are: 8 2026:HHC:28757 (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail.” (emphasis supplied) xxxxxxx 62. One of the judgments of this Court on the aspect of application of mind and requirement of judicious exercise of discretion in arriving at an order granting bail to the accused is Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 : (2022) 2 SCC (Cri) 170, wherein a three-Judge Bench of this Court, while setting aside an unreasoned and casual order (Pappu Kumar v. State of Bihar, 2021 SCC OnLine Pat 2856 andPappu Singh v. State of Bihar, 2021 SCC OnLine Pat 2857) of the High Court granting bail to the accused, observed as follows: (Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 : (2022) 2 SCC (Cri) 170]), SCC p. 511, para 35) “35. While we are conscious of the fact that liberty of an individual is an invaluable right, at the same time while considering an application for bail courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing in the case, particularly, when the accusations may not be false, frivolous or vexatious in nature but are supported by adequate material brought on record to enable a court to arrive at a prima 9 2026:HHC:28757 facie conclusion. While considering an application for the grant of bail, a prima facie conclusion must be supported by reasons and must be arrived at after having regard to the vital facts of the case brought on record. Due consideration must be given to facts suggestive of the nature of crime, the criminal antecedents of the accused, if any, and the nature of punishment that would follow a conviction vis-à-vis the offence(s) alleged against an accused.” (emphasis supplied) 9. Hon’ble Supreme Court held in State of Rajasthan v. Balchand, (1977) 4 SCC 308: 1977 SCC (Cri) 594: 1977 SCC OnLine SC 261 that the normal rule is bail and not jail, except where the gravity of the crime or the heinousness of the offence suggests otherwise. It was observed at page 308: 2. The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the Court. We do not intend to be exhaustive but only illustrative. 3. It is true that the gravity of the offence involved is likely to induce the petitioner to avoid the course of justice and must weigh with us when considering the question of jail. So also, the heinousness of the crime….” 10. The present petition has to be decided as per the parameters laid down by the Hon’ble Supreme Court. 11. The status report mentions that the petitioner and co-accused were found in Room No. 104, from where the police 10 2026:HHC:28757 had recovered 6 grams of heroin in the presence of independent witnesses. Thus, there is prima facie sufficient material to connect the petitioner to the commission of the crime. 12. It was submitted that the quantity of heroin stated to have been recovered from the petitioner's possession is intermediate, and the rigours of Section 37 of NDPS Act do not apply to the present case. The petitioner is entitled to bail as a matter of right. This submission is not acceptable. It was laid down by this Court in Khushi Ram Gupta v. State of H.P., 2022 SCC OnLine HP 3779, that the menace of drug addiction has seriously eroded into the fabric of society, and the release of an accused on bail in NDPS Act cases will send a negative signal to society. It was observed: “8.The menace of drug addiction, especially in adolescents and students, has seriously eroded into the fabric of society, putting the future generation as well as the prospects of future nation-building into serious peril. 9.It is not a case where the investigating agency is clueless in respect of evidence against the petitioner. Though allegations against the petitioner are yet to be proved in accordance with the law, it cannot be taken singly as a factor to grant bail to the petitioner. Nothing has been placed on record on behalf of the petitioner to divulge as to how and in what manner he came in contact with the persons who were residents of the State of Himachal Pradesh. Thus, there is sufficient prima facie material to 11 2026:HHC:28757 infer the implication of the petitioner in the crime. In such circumstances, the release of the petitioner on bail will send a negative signal in society, which will definitely be detrimental to its interests. 10.The prima facie involvement of the petitioner in the dangerous trade of contraband cannot be ignored merely on account of the fact that he has no past criminal history. It cannot be guaranteed that there will be re-indulgence by the petitioner in similar activities, in case he is released on bail.” 13. Similarly, it was held in Bunty Yadav v. State of H.P., 2022 SCC OnLine HP 4996, that the bail cannot be claimed as a matter of right even though the rigours of Section 37 of the NDPS Act do not apply to a case. Each case has to be adjudged on its own facts. It was observed: “6.The quantity involved in the case is 89.89 grams of heroin and 3.90 grams of MDMA. Such quantity may not technically fall under the category of commercial quantity; nevertheless, such quantity cannot be termed to be less by any stretch of the imagination. The evident nature of commercial transactions and dealing with the contraband aggravates the situation for the petitioner. In a case where Section 37 of the NDPS Act is not applicable, the bail cannot be claimed as a matter of right. The fate depends on the facts of each and every case. 7.The menace of drug addiction, especially in adolescents and students, has seriously eroded into the fabric of society, putting the future generation as well as the prospects of future nation-building into serious peril.” 14. It was laid down by the Hon’ble Supreme Court in Union of India v Namdeo Ashruba Nakade SLP (Crl.) 9792/2025, 12 2026:HHC:28757 decided on 07.11.2025, that there is a concerning increase in drug abuse amongst the youth. It was observed: - 8. This Court is of the view that the issue of substance abuse has emerged as a global public health crisis in the twenty-first century, affecting every country worldwide, as drug trafficking and addiction have become pervasive. The United Nations Office on Drugs and Crime (UNODC) reported in its 2025 World Drug Report that “As at 2023, some 316 million people worldwide had used drugs in the past year, representing an increase over the past decade that outpaces population growth, which indicates a higher prevalence of drug use.” 9. In India, there has been a concerning increase in drug abuse among the youth. Substance abuse not only affects individuals, families, and communities but also undermines various aspects of health, including physical, social, political, and cultural foundations, and mental well-being. (See: “Bhattacharya S, Menon GS, Garg S, Grover A, Saleem SM, Kushwaha P. The lingering menace of drug abuse among the Indian youth–it’s time for action. Indian J Community Med 2025;50:S9-12, published on 17th April, 2025”) 10. According to many news reports, India faces a clear dilemma between tackling the narcotics crisis systematically or sacrificing its most valuable resource, i.e. its young people. The extent of menace of drug abuse has also been highlighted by this Court in the case of Ankush Vipan Kapoor v. National Investigation Agency, (2025) 5 SCC 155, wherein this Court has observed as under: “9.1 The ills of drug abuse seem to be shadowing the length and breadth of our country, with the Central and every State Government fighting against the menace of substance abuse. The debilitating impact of the drug trade and drug abuse is an immediate and serious concern for India. As the globe grapples 13 2026:HHC:28757 with the menace of escalating substance use disorders (“SUD”) and an ever-accessible drug market, the consequences leave a generational Page 75 of 84 imprint on public health and even national security. Article 47 of the Constitution makes it a duty of the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties, and in particular, the State shall endeavour to bring about the prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. The State has a responsibility to address the root causes of this predicament and develop effective intervention strategies to ensure that India’s younger population, which is particularly vulnerable to substance abuse, is protected and saved from such a menace. This is particularly because substance abuse is linked to social problems and can contribute to child maltreatment, spousal violence, and even property crime in a family.” 15. Hence, the petitioner cannot be released on bail merely because the rigours of Section 37 of the NDPS Act do not apply to the present case. 16. The petitioner has criminal antecedents. This Court dealt with the relevance of criminal antecedents while granting bail in Champa vs. State of H.P.: 2025:HHC:28899 and held that the criminal antecedents would disentitle an accused from the concession of bail, especially when an FIR was registered against the accused related to the commission of a similar offence. This 14 2026:HHC:28757 judgment was unsuccessfully assailed before the Hon’ble Supreme Court in SLP(Criminal) 19120 of 2025 titled Champa Devi vs State of H.P., decided on 27.11.2025.Therefore, the relevance of criminal antecedents cannot be ignored, and the petitioner’s criminal antecedents would deprive him of the concession of bail. 17. No other point was urged. 18. In view of the above, the present petition fails, and it is dismissed. 19. The observation made herein before shall remain confined to the disposal of the instant petition and will have no bearing whatsoever on the merits of the case. (Rakesh Kainthla) Judge 15th July, 2026 (Nikita)