Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 958

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Uved Khan - Applicant
Versus
State of Himachal Pradesh & Anr. - Respondents
Cr.MP(M) No.27 of 2025
Decided On : 08-01-2025

Advocate Appeared:
For the Applicant :Mr. Sunny Rawat, Advocate.
For the Respondent:Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by SI/SHO Bir Singh Negi, Police Station, Kandaghat, District Solan, H.P.

Pre-trial detention is prohibited; the applicant does not qualify as a habitual offender, and the contraband does not meet the commercial quantity threshold.

Headnote:
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs & Psychotropic Substances Act - Sections 21 and 29 - Bail application - Applicant sought bail during trial for possession of 12.26 gms of heroin - Investigation complete, charge-sheet filed - Co-accused released on bail - Applicant's prior convictions considered but not deemed habitual offender - Contraband not of commercial quantity - Pre-trial detention not permissible - Bail granted with conditions. (Paras 1, 24, 26, 30, 31)

Facts of the case:
The applicant was arrested for allegedly possessing heroin and claimed innocence, stating that the investigation was complete and his co-accused had been granted bail.

Findings of Court:
The applicant does not qualify as a habitual offender, and the contraband does not meet the threshold for commercial quantity, warranting bail.

Issues: Whether the applicant qualifies as a habitual offender and the appropriateness of pre-trial detention.

Ratio Decidendi: The court emphasized that pre-trial punishment is prohibited and that the applicant's prior convictions do not classify him as a habitual offender under the law.

Result: Bail application allowed.

JUDGMENT :

Virender Singh, J.

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Uved Khan has sought his release, on bail, during the pendency of the trial, in case FIR No.28 of 2024, dated 20.04.2024, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Kandaghat, District Solan, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case. He has been arrested with allegedly possessing 12.26 gms of chitta/heroin.

3. It is the case of the applicant that the investigation, in the present case, is complete and police has submitted the charge-sheet and case is now fixed for prosecution evidence.

4. The applicant has further alleged that his co- accused Pooja Negi has already been released on bail, by the Court of learned Special Judge, Solan, H.P., vide order dated 04.05.2024.

5. The applicant has further pleaded that in addition to the present case, four other cases have been registered against him, the details of which have been given, as under:-

“a. State Vs. Uved Khan, NDPS Act, 41/2018, pending before the learned Additional District & Sessions Judge, Solan, for prosecution evidence.

b. State Vs. Uved Khan, NDPS Act, 38/2023, pending before the learned District & Sessions Judge, Shimla for prosecution evidence.

c. State Vs. Mahesh Sharma & Ors, in the Court of learned Special Judge, Kinnaur, Sessions Division at Rampur Bushahr, H.P., NDPS Act, 01 of 2016 decided on 20.08.2019, wherein, applicant stands acquitted.

d. State Vs. Uved Khan, before learned Special Court, SAS Nagar (Mohali), NDPS Act, 10/2017 decided on 13.12.2017, in which, the applicant was convicted.”

6. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-II, Solan, District Solan, Himachal Pradesh. However, the same was dismissed vide order dated 28.06.2024.

7. Thereafter, the applicant had filed application, bearing CrMP(M) No.2232 of 2024, before this Court, which was dismissed as withdrawn, on 05.11.2024.

8. Apart from this, Mr. Sunny Rawat, Advocate, appearing for 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.

9. On the basis of the above facts, a prayer has been made to allow the bail application.

10. When, put to notice, the police has filed the status report, disclosing therein, that on 20.04.2024, HC Dinesh Kumar No.51 (IO), Detection Team, Solan, has submitted a ruqqa to Police Station, Kandaghat, mentioning therein that he, along with other police official, was on patrolling duty, as well as, the duty to detect the crime, relating to excise and narcotics, towards Kandaghat side.

11. It is the case of the police that when, the police party were present near Falcon Hotel, then, at about 01:15 pm, IO received a secret information, regarding the indulgence of Uved Khan (applicant) and Pooja Negi, who, as per the information, have stayed in Room No.105 of Hotel Ashish Inn and as per the information, both of them are doing the business of selling chitta/heroin and they are also indulge in the business of supplying the chitta/heroin. As per the said information, if the said room is searched, then, large quantity of chitta/heroin could be recovered.

12. On the basis of above facts, after complying with the provisions of Section 42(2) of the NDPS Act, IO, along with other police official, reached at the spot i.e. Dehu Chowk in Hotel Ashish Inn, where, they had associated Sushil Thakur S/o Daya Krishan and after associating HC Ajay Pal as independent witness, they had reached at second floor, in front of Room No.105. When, the room was knocked, then, a young man opened the door. Along with him, one girl