Successive bail applications require substantial change in circumstances; filing charge sheet does not qualify as such, nor does unproven trial delay. Courts must exercise restraint to uphold judicial discipline.

JUDGMENT :

RAKESH KAINTHLA, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 139 of 2025, dated 16.8.2025, registered at Police Station Boileauganj (West), District Shimla, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2. It has been asserted that, as per the prosecution’s story, the petitioner was found in possession of 06 grams of heroin. The allegations levelled against the petitioner are false, and the petitioner is not involved in the commission of the offence. The quantity of heroin stated to have been recovered from the petitioner’s possession is intermediate, and the rigours of Section 37 of the NDPS Act do not apply to the present case. Another FIR No. 240 of 2023, dated 7.11.2023, has been registered against the petitioner for the commission of offences punishable under Sections 21 and 29 of the NDPS Act, in which the petitioner was granted bail. The petitioner would abide by the terms and conditions that the Court may impose. The petitioner had earlier filed the bail petition before this Court, which was registered as Cr.MP(M) No. 2347 of 2025 and was dismissed on 3.11.2025. There is a change in circumstances. 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 patrolling on 16th August 2025 near Goel Motors at 3:15 PM. They received a secret information that a person named Amit Luthra had brought heroin for sale to the public. The information was credible. It was reduced to writing and was sent to the Supervisory Officer at Police Station Boileauganj. The police went to the spot and found the petitioner standing near the Shimla Airport Taxi Operator Union’s office. The petitioner identified himself as Amit Luthra. He had a backpack with him. The police searched the backpack and recovered an electronic weighing scale and a transparent packet containing 6.780 grams of heroin. The police seized the heroin and the weighing scale and arrested the petitioner. The heroin was sent to FSL, and as per the report of analysis, it was confirmed to be a sample of diacetylmorphine (heroin). An FIR No. 240 of 2023, dated 07.11.2023, was registered against the petitioner for the commission of offences punishable under Sections 21 and 29 of the ND&PS Act and Section 196 of the Motor Vehicles Act in Police Station Bolieauganj, District Shimla. The police filed a charge sheet before the learned Trial Court on 10.10.2025. The matter is listed for recording the statements of prosecution witnesses on 27.3.2026. Hence, the status report.

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

5. Mr. Hemant Kumar Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The police have filed a charge sheet, which amounts to a change in circumstances. The prosecution has failed to lead the evidence, which is violative of the petitioner’s right to a speedy trial. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State, submitted that the petitioner had earlier filed a bail petition which was dismissed by this Court. A subsequent bail petition