Vishavdeep alias Vishwadeep alias Aala vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 60

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Vishavdeep alias Vishwadeep alias Aala – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner:Mr. Rakesh Chaudhary, Advocate.
For the Respondent:Mr. Ankush Thakur, Deputy Advocate General.

JUDGMENT :

Sushil Kukreja, J.

The instant bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “ BNSS ”) for grant of bail in case FIR No. 71 of 2023, dated 05.05.2023, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”), registered at Police Station Manali, District Kullu, H.P.

2. The facts giving rise to the instant petition can be summarized as under:

2(a). On 04.05.2023, the police party was on patrolling duty and around 10:00 p.m., when they were present near Jeep Union, Bhootnath Mandir Manali, they received a secret information that near Hotel Hillans, Vishavdeep @ Aalla (petitioner herein), who was residing in the building of one Prem Singh Thakur, as a tenant, was doing illegal trade of chitta/heroin and if his room was searched, huge quantity of chitta/heroin could be recovered. Acting upon the aforesaid information, the police party reached near Hotel Hillans and associated Prem Singh Thakur and Parvesh as independent witnesses in the proceedings. In presence of the aforesaid witnesses, the police party entered the room of Vishavdeep @ Aalla and on seeing the p