1 2026:HHC:2726 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 3064 of 2025 Reserved on : 8.1.2026 Decided on : 9.1.2026 Nasib Rehman …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Mohar Singh, Advocate. For the Respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional A.Gs. with Ms. Ranjna Patial, Dy. A.G. Virender Singh, Judge Applicant Nasib Rehman has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 20 of 2025, dated 20.4.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic 2 2026:HHC:2726 Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Ramshehar, District Solan, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case. 3. According to the applicant, investigation in the present case, is complete and charge-sheet has been filed in the competent Court of law. 4. As per the case of the applicant, police could not collect any evidence to connect the applicant with the crime in question. 5. The applicant has earlier tried his luck by moving similar bail application, before this Court, bearing Cr. M.P.(M) No. 2005 of 2025, which was dismissed by this Court, on 12.9.2025. Thereafter, the applicant has again approached this Court, by way of Cr. MP(M) No. 2764 of 2025, however, the same is dismissed as withdrawn, vide order dated 12.11.2025. 3 2026:HHC:2726 6. Thereafter, the applicant has approached the learned Special Judge, Nalagarh, District Solan, by moving similar bail application, however, the same has been dismissed, vide order dated 17.12.2025. 7. Apart from this, delay in trial has also been highlighted to claim the relief of bail. 8. According to the applicant, apart from the present case, the following cases have been registered against him: “i) FIR No. 47 of 2010, dated 18.3.2010, under Sections 18-61- 85 of NDPS Act; ii) FIR No. 62 of 2019, dated 30.10.2019, under Sections 21-61- 85 of the NDPS Act; iii) FIR No. 52 of 2022, dated 5.7.2022, under Sections 22-61- 85 of the NDPS Act; and iv) FIR No. 54 of 2022, dated 5.7.2022, under Sections 22-61-85 of the NDPS Act. Out of the aforesaid cases, in two cases, i.e. FIR Nos. 47 of 2010 and 62 of 2019, the applicant has been convicted by the competent Court of law. However, according to the applicant, judgment of conviction and order of sentence has not attained finality, as appeal is pending in the competent Court of law. 4 2026:HHC:2726 9. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail, during the pendency of the trial. 10. On the basis of above facts, Mr. Mohar Singh, learned counsel for the applicant has prayed that the applicant may kindly be released on bail. 11 When put to notice, the police has filed the status report, disclosing therein, that on 19.4.2025, I.O., H.C.Deepak Kumar No. 39, alongwith other police officials, was on patrolling/picketing duty, in the jurisdiction of Police Station, Ramshehar. At about 10:55 p.m., the I.O., alongwith other police officials, was present at Ramshahar-Nalagarh road and when they reached near CHC Ram Shehar, then, he noticed a black coloured Scorpio bearing registration No. PB12Q-6205, being driven by its driver, which was signalled to stop, upon which, the driver has stopped the vehicle. On inquiry, driver disclosed his name as Mohammaddeen, S/o Malook 5 2026:HHC:2726 Ali, and the person sitting by his side disclosed his name as Rajul Kishan, S/o Jai Kishan. The person sitting behind the driver seat, on inquiry, disclosed his name as Nasib Rehman (applicant). All the three occupants of the vehicle were inquired about their movement in the odd hours of the night. However, none of them could give satisfactory answer. 11.1 Hence, the driver of the vehicle was directed to show the requisite documents and driving license, but, he could not produce the requisite documents, nor he could produce the driving license. As such, the vehicle was detained and independent witness Rakesh Kumar was requested to come to the spot. 11.2 Thereafter, in the presence of the independent witnesses, said vehicle was searched. Underneath the cover of driver seat, a transparent polythene, containing two transparent packets were found, which, on opening, were found to be containing a light brown coloured granule shaped substance, which, on the basis of experience, was found to be 6 2026:HHC:2726 chitta. All the three occupants of the vehicle also confirmed the same to be chitta. On weighment, the Chitta/Heroin was found to be 32.74 grams. Registration Certificate was also found from the dash board of the vehicle and the same was found to have been registered in the name of Devender Singh. Other codal formalities were completed. 11.3 During personal search of accused Naseeb rehman (applicant), one foil paper, one lighter, half burnt currency notes, alongwith currency notes worth Rs.6100/- were found, which were taken into possession. After registration of the case, all the three accused persons were arrested. 11.4 On 22.4.2025, the case property was produced before the Court of learned ACJM, Nalagarh, where proceedings, under Section 52-A of the NDPS Act, were conducted. During police remand, applicant Nasib Rehman and accused Mohammaddeen disclosed that chitta was purchased from one Anif. The case property was thereafter sent 7 2026:HHC:2726 to SFSL, Junga, from where, positive report has been received. 11.5 Apart from the present case, following cases are stated to have been registered against the applicant: “i) FIR No. 47 of 2010, dated 18.3.2010, under Sections 18-61- 85 of NDPS Act; ii) FIR No. 62 of 2019, dated 30.10.2019, under Sections 21-61- 85 of the NDPS Act; iii) FIR No. 52 of 2022, dated 5.7.2022, under Sections 22-61- 85 of the NDPS Act; and iv) FIR No. 54 of 2022, dated 5.7.2022, under Sections 22-61-85 of the NDPS Act. Out of the aforesaid cases, in two cases, arising out of FIR Nos. 47 of 2010, dated 18.3.2010 and 62 of 2019, dated 30.10.2019, the applicant has been convicted, whereas two cases are pending adjudication, before the competent Courts of law. 11.6 As per the further case of the Police charge sheet as been filed and the charges have been framed. Out of total prosecution witnesses, one has been examined and the case is now listed for 14.1.2026, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P. On the 8 2026:HHC:2726 said date, three PWs have been ordered to be summoned. 12. On the basis of above facts, a prayer has been made to dismiss the bail application. 13 Earlier, the bail application filed by the applicant has been dismissed on the ground that the applicant has concealed the material facts, with regard to the conviction, against him. Now, he has highlighted the fact that the judgments of conviction and orders of sentence, by virue of which, the applicant has been convicted, have not attained finality, as appeals, against those judgments are pending, before the competent Court of law. On the basis of convictions, as highlighted above, the relief, for which, the applicant is otherwise entitled for, cannot be declined to him, as those judgments have not attained finality. 14. Moreover, the contraband, so recovered in the present case, does not fall within the definition of 9 2026:HHC:2726 ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act, are not applicable, in the present case. 15. The applicant is in judicial custody from 20.4.2025 and chances of conclusion of trial against the applicant in near future are not so bright. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released on bail, during the pendency of trial, arising out of Case FIR No. 20 of 2025, dated 20.4.2025, registered under Sections 21 and 29 of the ND & PS Act, with Police Station, Ramshehar, District Solan, H.P. on his furnishing personal bond in the sum of Rs. 50,000/-, with two sureties, in the like amount, to the satisfaction of the learned trial Court. 18. This order, however, shall be subject to the following conditions:- 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 the appropriate application; 10 2026:HHC:2726 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. 19. 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 bail application. 20. 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 violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub Jail, Kishanpura, Baddi, District Solan, H.P., with a direction to enter the date of grant of bail in the e- prison software. 11 2026:HHC:2726 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Sub Jail, Kishanpura, Baddi, District Solan, H.P., is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Sub Jail, Kishanpura, Baddi, District Solan, H.P., 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 January 9, 2026 Kalpana KALPANA Digitally signed by KALPANA Date: 2026.01.09 10:56:35 +0000