Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 145

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Bhupinder Thakur - Petitioner
Versus
State of HP - Respondent
Cr. MP(M) No. 290 of 2026
Decided On : 31-03-2026

Advocates Appeared:
For the Petitioner:Mr Vikas Rajput, Advocate.
For the Respondent:Mr Ajit Sharma, Deputy Advocate General.

For bail in NDPS Act cases involving commercial quantity, the accused must establish reasonable grounds of innocence and lack of likelihood to commit further offenses, per Section 37.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 20, 25, 29 and 37 - Bail application in a case involving commercial quantity of contraband - The petitioner was found with 3.575 kilograms of charas and thus, prima facie possession was established. The burden of proof lies on the petitioner to demonstrate conscious possession as per Sections 35 and 54 of the Act. The Court highlighted the stringent conditions under Section 37 for granting bail in the case of offences involving commercial quantities: Acknowledging these provisions, the petitioner failed to establish reasonable grounds for the belief of innocence or to negate the likelihood of committing an offense if released. (Paras 11, 12, 19, 25)

Findings of Court:
The petitioner did not satisfy the twin conditions mandated in Section 37 of the NDPS Act.

Result: Petition dismissed.

Table of Content
1. factual background of bail application. (Para 1 , 2)
2. prosecution's version of the incident. (Para 3)
3. arguments presented by both parties. (Para 5 , 6)
4. legal framework and principles for granting bail. (Para 8 , 10 , 11)
5. interpretation of section 37 ndps act. (Para 12 , 13 , 14)
6. conclusion of the petition and dismissal. (Para 19 , 21 , 24 , 25 , 26)

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 233 of 2024, dated 19.10.2024, registered at Police Station Nurpur, District Kangra, H.P., for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2. It has been asserted that, as per the prosecution’s story, the police received information on 18.10.2024 that the petitioner and Jitender Kumar were transporting charas in a vehicle bearing registration No. T0424CH6911A. The police found the vehicle parked on the Kangra-Pathankot Road at about 2.00 AM. The petitioner and Jitender were sitting in the vehicle. The police searched the vehicle and recovered 3.575 kilograms of charas. The police arrested the petitioner and the co-accused and seized the charas. The prosecution's case is false, and no case is made out against the petitioner. The petitioner has been in custody since 19.10.2024. The investigation is complete, and the charge sheet has been filed before the Court. The matter was listed for recording the statements of prosecution witnesses on 25.3.2026. The statements of ten witnesses have been recorded. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. 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 were on patrolling duty on 18.10.2024. They received secret information at about 12.30 AM that a vehicle bearing registration No. T0424CH6911A, being driven by Bhupinder, was transporting a huge quantity of charas. The co-accused Jitender Thakur was also travelling in the vehicle, and a huge quantity of charas could be recovered by searching the vehicle. The information was credible. The information was reduced into writing and was sent to the Sub Divisional Police Officer (SDPO), Nurpur. The police reached Jonta at about 2.00 AM and found a vehicle bearing registration No. TO424CH6911A parked on road side. Mohinder Singh Up-Pradhan was called to the spot, and the police enquired about the names of the occupants of the vehicle. The driver identified himself as Bhupinder Thakur (the present petitioner), and the person sitting beside the driver identified himself as Jitender Thakur. The police searched the vehicle and recovered seven packets containing 3.575 kilograms of charas. The police seized the charas and arrested the occupants of the vehicle. The charas was sent to FSL, and as per the report, it was confirmed to be an extract of cannabis and a sample of charas. The police also arrested Desh Raj. Ankush Sharma, one of the accused, could not be arrested. FIR No. 52 of 2018, dated 9.3.2018 was registered against the petitioner. The statements of fourteen witnesses have been recorded, and the statements of twelve witnesses are to be recorded. The petitioner would indulge in the commission of similar offence in case of his release on bail. Hence, the status report.

4. I have heard Mr Vikas Rajput, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

5. Mr. Vikas Rajput, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The petitioner was found in the vehicle, which is not sufficient to connect him to the commission of the crime. The police have filed a charge sheet, and no fruitful purpose would be served by detaining the petit