Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1145

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J.
Vishal Sharma - Applicant
Versus
State of H.P. - Respondent
Cr. MP(M) No. 1244 of 2025
Decided On : 12-09-2025

Advocates Appeared:
For the Applicant :Mr. Sanjeev K. Suri, Advocate
For the Respondent:Mr. Mohinder Zharaick, Additional Advocate General assisted by SI Yog Raj, Police Station CID Bharari.

In NDPS commercial quantity cases, bail under BNSS s.483 requires court findings beyond prima facie satisfying twin conditions of s.37(ii): accused not guilty and will not commit offence on bail.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act - Sections 22, 25, 29 and 37 - Indian Penal Code - Sections 201, 465, 467 and 471 - Bail application during pendency of trial - Commercial quantity of psychotropic substances recovered - Previous anticipatory bail and regular bail applications dismissed - Investigation complete with charge-sheet filed - Trial commenced with only 2 out of 82 witnesses examined - Statements of witnesses under Sections 161 and 164 Cr.PC implicating applicant - Twin conditions under Section 37(ii) NDPS require findings beyond prima facie that accused not guilty of offence and will not commit offence on bail - Conditions not satisfied - Bail rejected. (Paras 14 and 15)

Facts of the case:
Prosecution case involves interception of vehicles carrying parcels containing large quantities of prohibited capsules and tablets of psychotropic substances transported using forged invoices in name of medical agency - Applicant implicated through witness statements disclosing role in procuring and forwarding forged documents for smuggling consignments - Applicant claims innocence, false implication, completed investigation and trial delay.

Findings of Court:
Evidence collected against applicant including witness statements naming him in procurement and booking of consignments - Commercial quantity involved necessitating strict compliance with Section 37 NDPS - No satisfaction that applicant not guilty or unlikely to reoffend.

Issues: Whether applicant entitled to bail under Section 483 BNSS in NDPS commercial quantity case considering twin conditions under Section 37 NDPS and evidence against him.

Ratio Decidendi: In NDPS cases involving commercial quantity, court must record findings more than prima facie regarding twin conditions under Section 37(ii) before granting bail - Applicant fails to establish not guilty of offence and that on bail will not commit any offence. (Para 14)

Result: Bail application dismissed.

Table of Content
1. bail plea cites innocence, completed probe, trial delay. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. investigation uncovers ndps smuggling via forged invoices. (Para 9)
3. bail denied for failing ndps twin conditions. (Para 10 , 15 , 16)
4. witness statements implicate applicant in drug consignment. (Para 11 , 12 , 13)
5. ndps section 37 mandates twin conditions for bail. (Para 14)

JUDGMENT :

Virender Singh, J.

Applicant – Vishal Sharma has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No.125 of 2023, dated 15.09.2023, under Sections 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS’) and Sections 201, 465, 467 and 471 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), registered with Police Station, Gagret, District Una, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, by the police.

3. As per the applicant, investigation in the present case, is complete, as the police has filed the charge sheet, before the competent Court of law.

4. The applicant had earlier filed application bearing Cr.MP(M) No.2947 of 2024, under Section 438 Cr.PC., which was ultimately dismissed by this Court on 02.04.2024. Thereafter, the applicant has tried his luck by filing similar application before the Hon’ble Supreme Court, bearing Special Leave to Appeal (Crl.) No.5527 of 2024, which was also dismissed. Subsequently, the applicant has surrendered before the learned trial Court on 13.05.2024 and from that day, he is in judicial custody.

5. Thereafter, the applicant had tried his luck before the Court of learned Special Judge-I, Una, District Una, however, his application has been dismissed, vide order dated 07.09.2024.

6. Inordinate delay in trial, in the case, has also been put forward as one of the grounds for seeking the relief, as, out of total 82 witnesses, till date, only two witnesses have been examined.

7. On the basis of above facts, the applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, released on bail.

8. On these submissions, a prayer has been made to allow the bail application.

9. When put to notice, police has filed the status report, disclosing therein, that on 15.9.2023, Additional Superintendent of Police Shri Rajender Kumar, ANTF Kangra, has submitted the ruqua to Police of Gagret, for the registration of the FIR. In the ruqua, it has been mentioned by the Additional Superintendent of Police, Shri Rajender Kumar, ANTF, Kangra that he, alongwith other police officials, was on patrolling duty and the duty to detect the crime, relating to narcotic drugs.

9.1. On 15.9.2023, at about 7:30 p.m., the I.O. was present at the gate of Shiv Bari temple. At that time, he received a secret information, with regard to indulgence of one Varinder Kumar @ Bindu, s/o Shri Vikram Chand, R/o ward No. 5, NAC Gagret, Tehsil Ghanari, District Una, in the business of selling the narcotic substance.

9.2. As per the information, a big haul of the medicines was being transported in pick-up No.HP-36B-8124 to his residential house from Army Ground, Gagret. The said information was found to be authentic and reliable. It has also been informed that in case, the said vehicle is checked, large quantity of the narcotic substances, could be recovered.

9.3. It is the further case of the I.O. that in case, the efforts to obtain the authorization letter/search warrant would have been made, in that eventuality, contraband could be removed. Thereafter, Drug Inspector Rajat Sharma was informed and asked to reach near the Army Ground. Thereafter, the I.O. along with the police officials had also proceeded towards the Army Ground, Gagret. The information, under Section, 42(2) of the NDPS Act, was prepared and was sub