Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1230

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
VIRENDER SINGH, J.
Karanpreet Singh - Applicant
Versus
State of Himachal Pradesh - Respondent
Cr.MP(M) No. 2148 of 2025
Decided on : 23-09-2025

Advocates Appeared:
For the Applicant :Mr. Yashveer Singh Rathore, Advocate.
For the Respondent:Mr. Varun Chandel and Mr. Mohinder Zharaick, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General.

Bail in NDPS commercial quantity cases requires mandatory satisfaction of twin conditions under Section 37: reasonable grounds believing not guilty and unlikely to reoffend; beyond prima facie, negation of bail is rule.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 20, 25, 29, 37 - Bharatiya Nagarik Suraksha Sanhita - Section 483 - Bail application in case involving recovery of commercial quantity (3.20 kg charas from rucksack in vehicle) - Rigors of Section 37 applicable requiring satisfaction of twin conditions: reasonable grounds for believing accused not guilty and unlikely to commit offence while on bail - Expression “reasonable grounds” means substantial probable causes beyond prima facie - Conditions cumulative and mandatory - Not satisfied in present case - Bail rejected. (Paras 11,12,13,15,18)

(B) NDPS Act - Section 37 - In commercial quantity cases, negation of bail is rule, grant an exception - Court to factor restrictions beyond general bail provisions - No weighing of evidence required but limited assessment for bail - Procedural aspects like grounds of arrest read with site memos; apprehension of witness coercion valid. (Paras 14,16,17)

Facts of the case:
Applicant claimed innocence, false implication, no specific role or personal conscious possession, concocted prosecution story, investigation complete with charge-sheet filed, custodial interrogation unnecessary. Prosecution relied on secret information about vehicle and motorcycle used for recce carrying contraband; interception led to search yielding 3.20 kg charas; applicant driving vehicle; independent witnesses associated; positive lab report.

Findings of Court:
Twin conditions under Section 37 not fulfilled; apprehension of witness coercion; grounds of arrest sufficiently covered by site documents signed by accused.

Issues: Whether twin conditions of Section 37 satisfied; validity of prosecution story and specific role; service of grounds of arrest; continued necessity of custody post-investigation; risk of non-appearance or reoffending.

Ratio Decidendi: Strict compliance with Section 37 twin conditions sine qua non for bail in commercial quantity NDPS offences; reasonable grounds require credible facts persuading belief in non-guilt; mere completion of investigation or lack of criminal history insufficient. Result : Bail application dismissed.

Table of Content
1. applicant claims false implication, no possession, investigation complete. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. commercial quantity charas recovered from applicant's vehicle per secret tip. (Para 10)
3. section 37 ndps twin conditions unsatisfied for bail grant. (Para 11 , 12 , 13 , 14 , 15)
4. arrest grounds served; witness coercion risk exists. (Para 16 , 17)
5. bail application dismissed without merits opinion. (Para 18 , 19)

Judgment :

Virender Singh, J.

Applicant Karanpreet Singh has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 133 of 2024, dated 10.11.2024, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND&PS Act), with Police Station, Damtal, Police District Nurpur.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.

3. According to the applicant, story of the prosecution is highly improbable and rigors of Section 37 of the ND&PS Act are not applicable, in this case.

4. As per the applicant, the case of the prosecution is based on totally absurd, baseless and imaginary story and by no stretch of imagination, a case is made out against him.

5. It is his further case that the story of the prosecution is concocted one as no specific role has been attributed to the applicant in the commission of the alleged crime.

6. No recovery is stated to have been effected from the conscious possession of the applicant, nor, any communication pertaining to sale, purchase and transportation of contraband.

7. According to the applicant, investigation of the case is complete and challan has been filed, as such, his custodial interrogation is no longer required by the police, in this case.

8. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the the trial.

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

10. When put to notice, the police has filed the status report, disclosing therein, that on 10.11.2024, ASI Satinder Singh, I.O., CIA Staff, Nurpur has submitted a ruqua to Police Station, Damtal, disclosing therein, that he, alongwith other police officials, was on patrolling duty, as well as, duty to detect the crime relating to excise and narcotics. When, the police party was conducting patrolling in Nurpur, Kandwal, Laudhwan, Bhadroya, Damtal and Milwan, and was present near Ranchi Mod, then, he received a secret information at about 6:00 p.m. that a vehicle No. JK-08L-1571 (White coloured Alto) was coming from Milwan side towards Pathankot, in which, Karanpreet Singh (applicant) S/o Ajeet Singh and Vishal Kumar, S/o Kamall Kishore were the occupants. As per the information, the aforesaid persons were indulged in the business of selling the charas/cannabis.

10.1 As per the informer, both the persons, namely, Karanpreet Singh (applicant) and Vishal are very clever and they have sent Sahil Kumar S/o Mehar Chand to conduct recce on his motorcycle, bearing No. JK-08N5726. The said information was found to be authentic and reliable and according to the I.O., in case of delay, the said contraband could have been removed, as such, he has complied with the provisions of Section 42(2) of the NDPS Act and submitted the ruqua to SDPO, Indora, through Const.Arun.

10.2 Thereafter, the picketing was put near grain market towards Gilwan with the help of other police officials. At that time, Incharge HHC Santosh Raj was apprised about the aforesaid fact and associated in the raiding party. In the meanwhile, I.O. noticed two persons coming from Damtal chowk side, who, on inquiry,