JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition seeking for regular bail in FIR No. 87 of 2025, dated 01.06.2025, registered for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 25 of the Arms Act at Police Station Ghumarwin, District Bilaspur, H.P.

2. It has been asserted that, as per the prosecution, the petitioner and co-accused Vishal, Aman and Abhishek were found occupying the vehicle bearing registration No. HR-68C-3033 on 30.05.2025 at 7:00 p.m. near Toll Plaza towards Bhaged. The police recovered one country made pistol and charas weighing 1 Kilogram and 63.7 grams. The petitioner is innocent, and he was falsely implicated. The petitioner is a young boy aged 18 years. As per the F.I.R., 1 Kilogram and 63.7 grams of Charas was recovered; however, the weight of the contraband was found to be 1.044 kilograms during the inventory proceedings, which makes the prosecution’s case suspect. There are reasonable grounds to believe that the petitioner is not involved in the commission of the offence. The police have filed the charge-sheet, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police had set up a Nakka at a distance of 100 meters from Toll Plaza towards Bhaged on 01.06.2025. A vehicle bearing registration No. HR-68C-3033 came to the spot at about 7:00 p.m. The police signalled the driver to stop. The driver got frightened after seeing the police. The police joined Het Ram and Constable Babu Ram and enquired about the names and addresses of the occupants of the car. The driver identified himself as Abhay (present petitioner). The person sitting besides the driver’s seat identified himself as Vishal, and the persons occupying the rear seats identified themselves as Abhishek and Aman. The police checked the vehicle and recovered a carry bag and a pistol. The police checked the carry bag and found 1 kilogram and 63.7 grams of charas. The police checked the pistol and found three live cartridges in it. The occupants could not produce a license for possessing the pistol. The police arrested the occupants of the vehicle and seized the charas and pistol. The police checked the mobile phone of Abhishek and found a conversation regarding the purchase of the charas. The police arrested Ram Chand on the identification of Abhisek. No other F.I.R. was registered against the petitioner, Abhay. The charas was sent to the SFSL, and per the report of analysis, it was found to be an extract of cannabis and a sample of charas. The pistol was found to be a country-made having the traces of gunshot residue in its barrel. The cartridges could be fired from the pistol. The police filed the charge sheet before the Court on 28.11.2025. Hence, the status report.

4. I have heard Mr. Vivek Kathuria, learned counsel for the petitioner and Mr. Lokender Kutlehria, learned Additional Advocate General, for the respondent/State.

5. Mr Vivek Kathuria, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The petitioner was merely a driver in the vehicle and could not be said to be in possession of the charas and the pistol recovered from the car. The police have filed the charge-sheet, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, he prayed that the present petition be