Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 370

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH, J.
Vishnu Das Vaishnav - Applicant
Versus
State of Himachal Pradesh – Respondent
Cr.MP(M) No. 67 of 2026
Decided On : 26-02-2026

Advocates Appeared:
For the Applicant :Mr. Anshul Jairath, Advocate.
For the Respondent:Mr. Tejasvi Sharma & Mr. H.S. Rawat, Additional Advocates General.

In NDPS commercial quantity cases, bail denied absent satisfaction of twin Section 37 conditions: reasonable grounds (substantial probable causes) for non-guilt and no likelihood of reoffending; financial transactions provide key linkage despite inadmissible disclosure.

Headnote:(A) NDPS Act - Sections 15, 29, 37 - BNSS - Section 483 - Bail during trial for commercial quantity contraband (poppy husk recovery of 1 quintal 46 kg 890 gms) - Implication via co-accused disclosure (inadmissible but investigative clue), call data records showing contacts, substantial UPI transfers (Rs.27 lakhs in 9 months) - Applicant agriculturist running dhaba, deep societal roots claimed, prior bail applications withdrawn/dismissed, absconded, arrested later - Trial pending post challan - Twin conditions u/s 37 mandatory: reasonable grounds believing not guilty (substantial probable causes beyond prima facie) and unlikely to reoffend - Not satisfied; financial links significant, defence for trial. (Paras 11-22)

(B) NDPS Act - Section 37 - Stringent bail rigour for commercial quantity to curb drug menace; non-obstante clause overrides general laws; Public Prosecutor opportunity essential, cumulative conditions sine qua non; cited Supreme Court rulings on 'reasonable grounds' interpretation. (Paras 17-20)

Facts of the case:
Police on patrol received secret information leading to truck interception near hotel; driver in described attire stopped, vehicle searched in witnesses' presence (independent panch joined); poppy husk recovered from sacks; driver disclosed procurement from dhaba, identified spot; co-accused arrested post transfer admissions, bank statements revealed huge transfers to applicant; proceedings under relevant sections initiated, applicant declared absconding, arrested out-of-state.

Findings of Court:
No occasion to hold twin conditions fulfilled; huge transactions between co-accused and applicant assume significance linking to 90 kg consignment payment.

Issues: Whether twin conditions u/s 37 satisfied at bail stage; evidentiary weight of disclosure, CDRs, financial transactions absent trial evidence.

Ratio Decidendi: Disclosure inadmissible but clues further probe; cannot ignore substantial probable financial nexus in commercial quantity case; bail exception, denial rule unless strict S.37 compliance; observations limited to bail, not merits.

Result: Bail application dismissed.

Table of Content
1. bail application denies involvement via co-accused disclosure (Para 1 , 2 , 4 , 5 , 6 , 7)
2. secret tip enables compliant seizure of poppy husk (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. cdrs and upi transfers corroborate supply role (Para 17 , 18 , 19 , 20 , 21 , 22 , 23)

JUDGMENT :

Virender Singh, J.

Applicant-Vishnu Das Vaishnav, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, arising out of FIR No.213 of 2024, dated 14.07.2024, registered under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as ‘NDPS Act’), with Police Station Sadar Una, District Una.

2. According to the applicant, he is an innocent person and has been named, in the said case, mainly, on the basis of false allegations, made by his co-accused Rahul Sharma and Gaurav Sharma.

4. The applicant has further pleaded that he has no connection whatsoever with the above two accused and his name has wrongly been added in this case with an ulterior motive to implicate him. The applicant is stated to have been named, as accused, in this case, without any substantive evidence.

5. It is the further case of the applicant that he is from respectable family and having deep roots in the society. The applicant is stated to be an agriculturist by profession and is also running a small Dhaba.

6. It is the further case of the applicant that earlier, apprehending his arrest, he has approached this Court, by filing Cr.MP(M) No.95 of 2025, which was dismissed as withdrawn on 10.01.2025. Thereafter, the applicant has again filed similar application, which was dismissed on 08.07.2025. Thereafter, the petitioner was arrested on 26.09.2025.

7. Apart from this, Mr. Anshul Jairath, learned counsel 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.

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

9. When put to notice, the police has filed the status report, disclosing therein, that on 14th July, 2024, ASI Vinod Kumar, along with other police officials, was on patrolling duty and duty to put picketing, in order to detect crime relating to excise and narcotics.
9.1. When, the said police party, under the leadership of ASI Vinod Kumar, was present near Jannat Hotel, Una, then, a secret information has been received by the I.O., that a truck bearing No.HP72C4761, in which, the contraband is loaded, being driven by its driver, is coming from Nangal to Santokhgarh side. The name of the driver was disclosed as Rahul Sharma, who, as per the information, has worn orange colour Tshirt and green colour lower.
9.2. The said information was found to be authentic and reliable. As such, the compliance of Section 42(2) of NDPS Act was made by the I.O., and submitted to the superior officer.
9.3. Thereafter, the local Ward Member Kuldeep Singh, was telephonically apprised about the secret information and requested to come to the spot. After about, 20 minutes, the said Ward Member, Kuldeep Singh came there and he was associated in the picketing, after apprising him about the secret information, which the I.O. had received.
9.4. At about 9.15 p.m., from Nangal side a truck bearing registration No.HP72C4761, as per the information, came there. The I.O. has given the signal to stop. Consequently, the driver stopped the truck on the left side of the road. The truck driver found to have worn orange Tshirt and green colour lower.
9.5. In the presence of the witnesses, name of the truck driver was enquired, upon which, he had disclosed his name as Rahul Sharma, son of Shri Raman Kumar. On demand, the driver produced the registration certificate of the vehicle and his driving licence. As per the registration ce