Extracted from the PDF above. The PDF is authoritative.
1 2026:HHC:35544 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.: 1500 of 2026 Decided on : 21.08.2025 Lekh Raj
…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. Yashveer Singh Rathore, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional Advocates General. Virender Singh, Judge Applicant–Lekh Raj, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, arising out of FIR No.28/2025, dated 30th January, 2025, registered with Police Station, Nurpur, District Kangra, H.P., under Sections 20 and 29 of the Narcotic 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:35544 Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’). 2. According to the applicant, he is innocent person and has falsely been implicated, in this case, by the police. 3. The applicant has termed the accusation against him as false and malicious, as, according to him, nothing has been recovered from his exclusive and conscious possession. 4. As per the case of the applicant, there is no link evidence to show the indulgence of the applicant, in the present case. 5. It is the further case of the applicant that he has been implicated and arrested only on the basis of the confessional statement made by his coaccused, which, according to the applicant, is inadmissible. 6. According to the applicant, investigation, in the present case, is completed and he is no longer required by the police for investigation. As such, no useful purpose would be served by keeping him in the judicial custody. 3 2026:HHC:35544
7. As per the applicant, there is no possibility of conclusion of trial in near future and the trial is likely to take considerable time. 8. Earlier, the applicant has filed application, under Section 482 of the BNSS, before this Court, bearing Cr.MP(M) No.1072 of 2025, which was dismissed as withdrawn on 09.05.2025. Thereafter, the applicant has filed similar application before the Court of learned Special JudgeIII, Kangra at Dharamshala, which was dismissed on 24.06.2025. Thereafter, the applicant has again filed Cr. MP(M) No.1943 of 2025, before this Court, which was also dismissed on 04.09.2025. 9.
The relief of bail has also been sought on the ground of parity, as the coaccused of the applicant has also been released on bail, by this Court vide order dated 26.09.2025, passed in Cr.MP(M) No.2236 of 2025. 10. Apart from this, the learned counsel appearing on behalf of the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 4 2026:HHC:35544
11. On the basis of the above facts, a prayer has been made to allow the application. 12. When put to notice, police has filed the status report, disclosing therein, that on 30.01.2025, ASI Satender Singh, CIA, Police District Nurpur, along with other police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotics, towards Rehan, RajakaTalab, Ganoh, etc.. 12.1. At about 04.10 p.m., when, the police party was present in front of Himachal Bakery near Matholi Police Line, and was talking with two local persons, namely Gopal Singh and Deep Singh, at that time, he noticed two persons coming from Jasoor side and moving towards Talwara side on foot. One was having blue coloured plastic sack. He was moving in fast speed and other person, who had worn black neck was also having a plastic sack. One person had covered his mouth with red coloured scarf. 12.2. The I.O. inquired from Gopal Singh and Deep Singh, about those persons, upon which, both of them said that they do not know them. Both persons were found to be outsiders. The I.O., called the person, who was having
5 2026:HHC:35544 the blue coloured sack, in his hand, however, he has not given any heed to the command of the I.O. As such, both the said persons were nabbed and I.O. apprised them about the identification. 12.3.
On seeing the identity card, both of them became perplexed, as such, the I.O. developed a suspicion in his mind that both the said persons were having stolen or suspicious articles. As such, their antecedents were ascertained. They disclosed their names as Jagdish and Tega, residents of Chamba. 12.4. Thereafter, the sack, which they were carrying were checked. On checking, the same were found containing charas, which was kept in a plastic and was concealed in maize flour. On weighment, the said contraband was found to be 2 kilograms 220 grams. 12.5. After completing other codal formalities, the FIR was registered and the contraband, so recovered, was taken into possession. The accused persons were arrested. 13. Thereafter, both the accused persons were produced before the Court of learned Additional Chief
6 2026:HHC:35544 Judicial Magistrate, Nurpur, from where, they were remanded to the police custody. 14. During investigation, accused Jagdish has disclosed that Lekh Raj (applicant) has kept the charas so recovered in National Bus at Chamba Bus Stand and photographs of the same were sent by Bittu Ram, who has also apprised him about this fact by making video call. Since, the transactions were found from the account of Jagdish with applicant Lekh Raj, as such, bank account of Jagdish was freezed. 15. On 01.02.2025, accused Bittu Ram was detained and from his mobile phone, photo of charas was found and it has also been found that he has deleted the whatsapp chat. Mobile phone of Jagdish and Bittu Ram were sent to RFSL Dharamshala. Accused Bittu Ram was arrested and was produced before the Court on 1.2.2025, from where, he was remanded to police custody for four days. 16. During investigation, accused Jagdish has disclosed that he has requested his coaccused to supply
7 2026:HHC:35544 the Bhang. Consequently, said Lekh Raj kept the charas in National Bus at Bus Stand Chamba. 17.
During investigation, it was found that accused Jagdish and Teja had not boarded the bus at Chamba Bus Stand and Lekh Raj (applicant) has supplied the contraband in the area of Jhajhakothi, as Jagdish, Lekh Raj (applicant) and Bittu Ram were in the area of Jhajhakothi, from 25.01.2025 to 29.01.2025. 18. In lieu of the contraband, accused Jagdish has transferred Rs.21,000/, to the account of Lekh Raj (applicant), on 25.01.2025. Thereafter, accused Lekh Raj (applicant) had gone underground. He was searched for and after dismissal of the anticipatory bail, by this Court, accused Lekh Raj was arrested. 19. Lastly, it has been apprehended that in case, the applicant is released on bail, he may coerce the witnesses and may indulge in the same activities. He may also not be available for the trial. 20. Except the present case, no other case is found to have been registered against the applicant. 8 2026:HHC:35544
21. Investigation, in the present case, is complete and after completion of investigation, the police filed the final report in the competent Court of law and the case has been listed on 12.11.2026, for recording the statements of PWs. 22. On the basis of the above facts, a prayer has been made to dismiss the application. 23. The applicant, in the present case, has been arrested, under the provisions of NDPS Act. The legislature, in its wisdom, has enacted this statute to curb the menace of drug abuse with stringent punishment. Certain conditions are there, in the NDPS Act, in the shape of Section 37 of NDPS Act, which are, in addition to the conditions, as contained in Section 483 of the BNSS. Before releasing a person on bail, those conditions, as enumerated under Section 37 of the NDPS Act, are to be fulfilled, if the accused has been arrested for the offence, involving commercial quantity of contraband. 24. The contraband allegedly recovered, in the present case, admittedly, falls within the definition of ‘commercial quantity’.
As such, the rigors of Section 37 of
9 2026:HHC:35544 NDPS Act are applicable, in this case. 25. Once, it has been held that the contraband, involved, in the present case, falls in the category of ‘commercial quantity’, then, the rigors of Section 37 of the NDPS Act come into play. 26. No doubt, the applicant, in present case, has been arrested for the commission of offence, involving the commercial quantity of contraband, in such situation, before releasing a person, involved in the crime, it is obligatory upon the Court to record the findings, which should be more than primafacie findings, regarding existence of the twin conditions, as enumerated under Section 37(1)(b)(ii) of the NDPS Act. 27. Admittedly, the applicant was not arrested on the spot, as the involvement of applicant Lekh Raj was found by the Police, on the basis of the alleged disclosure made by accused Jagdish, who along with Tega, was nabbed by the police with contraband weighing 2.220 kilograms of Charas. Jagdish has disclosed, during the investigation, that the consignment of Charas was allegedly kept by Lekh Raj (applicant) in National Bus at Bus Stand
10 2026:HHC:35544 Chamba and photographs were sent by accused Bittu Ram. When, the mobile phone of Jagdish was checked, transaction from the account of applicant with Jagdish was found, upon which, the bank account of Jagdish was got freezed. 28. Another ground, upon which, the involvement of the applicant has been found in the present case, is that on 25.01.2025, i.e., five days prior to the incident, applicant Lekh Raj received a sum of Rs.21,000/ from Jagdish. Whatsoever, revealed by accused Jagdish during custody is not liable to be taken into consideration and on the basis of the stray transaction, that too, five days prior to the incident, this Court has no legal hesitation to hold that the applicant is not guilty of such offence and in case, he is ordered to be released on bail, he is not likely to commit any offence. 29.
Even otherwise, for the second condition, as enumerated under the provisions of Section 37(b)(ii) of the NDPS Act that the applicant is not likely to commit any offence, while on bail, reasonable conditions, can be
11 2026:HHC:35544 imposed upon him. Consequently, the twin conditions, are found to be existing in favour of the applicant. 30. Even otherwise, the applicant is also entitled for grant of bail on the basis of parity, as his coaccused, namely Bittu Ram, whose involvement was also found on the basis of the revelation made by Jagdish, has already been released on bail, by this Court, vide order dated 26.09.2025, passed in Cr.MP(M) No.2236 of 2025, titled as ‘Bittu Ram versus State of H.P.’. 31. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 32. Consequently, the applicant is ordered to be released on bail in case FIR No.28 of 2025 dated 30.01.2025, registered with Police Station, Nurpur, District Kangra, H.P., under Sections 20 and 29 of the NDPS Act, on his furnishing personal bond in the sum of Rs.1,00,000/, with two sureties, in the like amount, to the satisfaction of learned trial Court. 33. This order, however, shall be subject to the following conditions:
12 2026:HHC:35544 a) Applicant shall 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 appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) 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) Applicant shall not leave the territory of India without the prior permission of the Court.
e) The applicant shall furnish affidavit, in the first week of every month, before the learned trial Court, disclosing therein that he has not been named, as accused, in any crime, during that period. 34. Any of the observations, made herein above, 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 application. 35. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 36. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai
13 2026:HHC:35544 District & Open Air Correctional Home, Dharamshala, District Kangra, through email, with a direction to enter the date of grant of bail in the eprison software. 37. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, is directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent of Jail, Lala Lajpat Rai District & Open Air Correctional Home, Dharamshala, is further directed that if the applicants fail 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 ) August 21, 2026 ( ps ) Judge PRADEEP Digitally signed by PRADEEP Date: 2026.08.21 18:28:09 +0530