Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 441

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Vishal Sharma - Applicant
Versus
State of Himachal Pradesh - Respondent
Cr. MP (M) No. 165 of 2026
Decided On : 23-02-2026

Advocates:
Advocate Appeared:
For the Applicant :Mr. Aditya Kaushal, Advocate vice Mr. Khem Raj, Advocate
For the Respondent:Mr. Mohinder Zharaick, Additional Advocate General with Mr. Rohit Sharma & Ms. Avni Kochhar Mehta, Deputy Advocate General

Bail granted in NDPS case involving non-commercial quantity contraband: Section 37 rigors inapplicable; presumption of innocence persists despite prior pending cases; no purpose in indefinite custody after investigation completion.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Narcotic Drugs & Psychotropic Substances Act - Sections 21, 25, 29 and 37 - Bail application during pendency of trial - Recovery of contraband weighing 10.26 grams not falling within commercial quantity - Rigors of Section 37 not applicable - Investigation complete with charge-sheet filed - Prior cases registered but no convictions - Mere pendency of prior cases does not rebut presumption of innocence - No efforts made to seek cancellation of bail in prior cases - No useful purpose served by indefinite judicial custody - Pre-trial punishment impermissible - Bail granted subject to conditions including regular attendance, no tampering, no threats, and no leaving jurisdiction without permission. (Paras 3, 4, 15, 17, 18, 19, 20)

Facts of the case:
Police on patrolling duty at night noticed motorcycle approaching; pillion rider threw black rucksack aside upon seeing police; motorcyclist attempted to flee; both apprehended; rucksack contained polythene packet with brown granular substance weighing 10.26 grams testing positive for contraband; seized and FIR registered under NDPS sections; applicant (motorcyclist) claimed false implication, non-commercial quantity, complete investigation; prior bail rejected by trial court; other prior FIRs under NDPS and POCSO/IPC pending.

Findings of Court:
Applicant directed to be released on bail on furnishing personal bond of Rs.50,000/- with one surety of like amount to satisfaction of trial court, subject to conditions; registry to communicate order to jail authorities; state at liberty to seek cancellation if conditions violated.

Issues: Applicability of Section 37 rigors given quantity recovered; impact of prior pending cases on bail; justification for continued custody post-investigation.

Ratio Decidendi: Contraband not commercial quantity hence Section 37 inapplicable; presumption of innocence intact despite prior cases sans convictions; prolonged custody post charge-sheet filing purposeless with bleak trial prospects; bail not substitute for punishment post-trial.

Result: Bail application allowed.

Table of Content
1. bail sought claiming innocence, small quantity, completed probe. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. recovery of 10.26g heroin from pillion rider applicant. (Para 9 , 10 , 11)
3. unconvicted prior cases preserve innocence presumption. (Para 12 , 13 , 14 , 15 , 16)
4. non-commercial quantity exempts section 37 rigors. (Para 17 , 18 , 19)
5. bail granted on bond subject to conditions. (Para 20 , 21 , 22 , 23 , 24 , 25)

JUDGMENT :
Virender Singh, J.

ApplicantVishal Sharma, 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.237/2025, dated 2nd October, 2025, registered with Police Station, Sadar Chamba, District Chamba, H.P., under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

2. According to the applicant, he is innocent person and has falsely been implicated, by the Police, in this case. According to him, the police could not collect any evidence to connect the applicant with the crime in question.

3. It is the further case of the applicant that the contraband allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case.

4. As per the applicant, investigation, in the present case, is complete and no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period.

5. According to the applicant, apart from the present case, FIR No. 40, dated 26.02.2025, under Section 21 of the NDPS Act, with Police Station Chamba and FIR No.44 dated 07.10.2020, under Sections 363, 366A, 376 IPC and Section 4 of POCSO Act, with Police Station Dharkalan, District Pathankot, Punjab, have also been registered against him. Trial of these two cases is stated to be pending.

6. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special JudgeII, Chamba, however, his application has been dismissed on 09.12.2025.

7. Apart from this, 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 02.10.2025, HC Sanjay Kumar, I.O. No.64, along with other police officials, was on patrolling duty and duty to detect crime, relating to narcotic drugs.

9.1. At about 02.15 a.m., the police party had put the picketing at Ied Nallah, on Chamba Tissa road near rain shelter. During picketing, the I.O., noticed a tipper No.PB06AK 2943, being driven by its driver, coming from Pukhari side towards Chamba. HC Sanjay Kumar signalled the driver to stop the said truck.

9.2. On inquiry, the driver disclosed his name as Sanjay Kumar son of Chamaru Ram. When the I.O. was talking with Sanjay Kumar, meanwhile, a motorcycle bearing registration No.PB46AN1810, was moving towards Chamba side.

9.3. The pillion rider was found keeping a black coloured ruck sack near his legs. On seeing the police party present there, the motorcyclist, all of a sudden, stopped the motorcycle and the pillion rider threw the ruck sack towards the right side of the road.

9.4. Thereafter, the motorcyclist tried to turn back his motorcycle, upon which, HC Sanjay Kumar, developed a suspicion, as such, he has nabbed the motorcyclist and the pillion rider with the help of other police officials. Thereafter, HC Sanjay Kumar, inquired the motorcyclist about the reason for throwing the ruck sack and fleeing away from the spot, upon which, both of them became perplexed and could not give satisfactory answer.

9.5. Th