Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1256

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Mohit Sharma - Petitioner
Versus
State of Himachal Pradesh – Respondent
Cr. MPM No. 2072 of 2025
Decided On : 24-09-2025

Advocates Appeared:
For the Petitioner:Mr. Parikshit Rathour, Advocate.
For the Respondent:Mr. Prashant Sen, Deputy Advocate General.

Bail denied in NDPS case with intermediate contraband quantity due to accused's criminal antecedents, prior similar offences, repetition risk, and societal drug menace, rejecting parity with co-accused lacking history.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 21 and 29 - Bail application - Recovery of intermediate quantity (6.730 grams) of contraband from speedometer of motorcycle carrying petitioner and co-accused - Conscious possession attributed to occupants of vehicle as per binding precedent - Despite chargesheet filed and trial commencement, bail denied due to criminal antecedents including prior similar offences, likelihood of repetition, and negative signal to society from drug menace eroding social fabric - Rigours of Section 37 inapplicable but bail not matter of right - No parity with co-accused lacking antecedents. (Paras 2, 3, 10-20)

(B) Bail - Principles - Grant requires judicious consideration of accusation nature, evidence, punishment severity, antecedents, repetition risk, witness influence apprehension, public interest - Individual liberty balanced against societal peace and harmony; mechanical orders invalid - Antecedents relevant to assess threat to society. (Paras 8-9, 14-18)

(C) Conscious possession - Established in vehicle recovery scenarios for known co-travellers unless rebutted; presumptions from possession apply - Burden on accused to explain lack of awareness. (Para 10)

Facts of the case:
Petitioner and co-accused found sitting on motorcycle from which intermediate quantity of heroin recovered hidden in speedometer; FIR registered, arrests made, chargesheet filed, trial pending for witness statements; petitioner has multiple pending FIRs including two prior under same sections; co-accused released on bail.

Findings of Court:
Petition for regular bail dismissed; observations limited to bail disposal, no merit impact.

Issues: Entitlement to bail despite intermediate quantity not attracting Section 37 rigours, parity with released co-accused, and claim of false implication amid criminal antecedents.

Ratio Decidendi: Even absent Section 37 applicability, NDPS bail not routine due to societal drug peril; criminal history, repetition apprehension, and public interest outweigh custody period or trial progress; parity inapplicable without similar antecedents.

Result: Petition dismissed.

Table of Content
1. heroin recovery from petitioner's motorcycle speedometer. (Para 1 , 2 , 3)
2. bail plea on quantity, parity; opposed by antecedents. (Para 4 , 6)
3. bail requires judicious consideration of antecedents, offence. (Para 7 , 9)
4. vehicle occupants deemed in conscious contraband possession. (Para 10 , 11)
5. no ndps bail right for intermediate quantities. (Para 12 , 13)
6. antecedents preclude bail due to reoffending risk. (Para 14 , 15 , 16 , 17 , 18)
7. no parity with antecedent-free co-accused. (Para 19)
8. bail petition dismissed without merits prejudice. (Para 21)

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in F.I.R. No.05 of 2025, dated 04.01.2025, registered at Police Station Baddi, District Solan, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’).

2. It has been asserted that, as per the prosecution,the petitioner and the co-accused were sitting on a motorcycle bearing registration No.HP-12Q-1679 on 04.01.2025. The police searched the motorcycleand recovered a transparent plastic pouch containing 6.730 grams of heroin from the speedometer. The police registered the F.I.R. and arrested the petitioner and the co- accused. The police seized the heroin and the motorcycle. The chargesheet has been filed, and the petitioner’s custody is not required. The co-accused was released on bail, and the petitioner is entitled to bail on the principle of parity. Three F.I.R.s are pending against the petitioner. The petitioner would abide by all the terms and conditions which the Court may impose. 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 04.01.2025 when they received a secret information that Mohit Sharma (the present petitioner) and Mohit Kumar son of Raj Kishore were selling heroin. The police documented the information and sent it to the Supervisory Officer. They joined independent witnesses and went to the location where the petitioner and the co-accused were found sitting on a motorcycle bearing registration No. HP-12Q-1679. The driver of the motorcycle identified himself as Mohit Sharma (the present petitioner), and the pillion rider identified himself as Mohit Kumar. The police searched the motorcycle and found a transparent polythene packet containing 6.730 grams of heroin kept near the speedometer. The police seized the heroin and arrested the petitioner and the co- accused. The heroin was sent to the FSL and was confirmed to be diacetylmorphine (Heroin). Four FIRs have been registered against the petitioner. The police filed a chargesheet before the Court on 28.02.2025. The matter is now listed before the learned Special Judge, Nalagarh, District Solan, H.P., for recording the statements of prosecution witnesses on 07.10.2025. Hence, the status report.

4. I have heard Mr Parikshit Rathour, learned counsel for the petitioner and Mr Prashant Sen, learned Deputy Advocate General for the respondent-State.

5. Mr Parikshit Rathour, learned counsel for the petitioner, submitted that the petitioner is innocent and was falsely implicated. As per the prosecution, the police have recovered 06.730 grams of heroin, which is intermediate, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The chargesheet has been filed before the court, and the petitioner’s custody is not required. The petitioner would abide by all the terms and conditions which the Court may impose. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Prashant Sen, learned Deputy Advocate General for the respondent/State, submitted that the petitioner was found in possession of heroin, whichis adversely affecting the younger generation of society. The petitioner has a criminal antecedent, and