Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1285

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Lekh Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr. M.P. (M) No. 1943 of 2025
Decided On : 04-09-2025

Advocates Appeared:
For the Appellant : Praveen Chauhan
For the Respondents: Varun Chandel, Mohinder Zharaick, Bhag Singh

Bail in NDPS commercial quantity cases demands reasonable grounds beyond prima facie for believing accused not guilty and unlikely to reoffend under Section 37's mandatory twin conditions; disclosure and transaction link justify denial.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 29, 37 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail during trial pendency in case involving commercial quantity of contraband - Applicant claims false implication without recovery from possession, based solely on co-accused disclosure and financial transaction claimed as sheep sale proceeds - Investigation complete, charge framing pending - Rigors of Section 37 mandatory: Public Prosecutor heard, court must find reasonable grounds beyond prima facie for believing accused not guilty of offence and unlikely to commit any offence while on bail - Twin conditions not satisfied - Bail application dismissed. (Paras 1, 20-32)

(B) NDPS Act - Section 37 - Expression “reasonable grounds” means substantial probable causes justifying satisfaction of non-guilt; not mere prima facie view - Supreme Court reiterates negation of bail as rule, grant as exception in commercial quantity cases, balancing societal menace against individual liberty. (Paras 12-15, 23-25)

Facts of the case:
Police party nabbed two persons carrying sacks containing 2 kg 220 gm contraband concealed in maize flour. Co-accused disclosed applicant supplied it via bus, informed through photo and video call; financial transaction of Rs.21,000/- on relevant date; applicant went underground post-transaction, arrested after anticipatory bail denial. Previous bail applications withdrawn or dismissed.

Findings of Court:
No occasion to hold twin conditions under Section 37 satisfied; defence to be tested at trial; relief would send wrong signal encouraging similar activities impacting younger generation.

Issues: Whether twin conditions under Section 37 NDPS fulfilled for bail grant in commercial quantity case; validity of implication solely on disclosure and transaction.

Ratio Decidendi: In NDPS commercial quantity offences, bail requires mandatory satisfaction of Section 37 twin conditions based on reasonable grounds indicating non-guilt and no reoffending risk; co-accused disclosure corroborated by transaction establishes prima facie complicity; societal interest in curbing drug menace outweighs individual liberty absent such satisfaction. Result : Bail application dismissed.

Table of Content
1. applicant claims false implication via confession only. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. investigation links applicant to charas supply payment. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
3. section 37 ndps mandates twin bail conditions. (Para 20 , 21 , 22)
4. reasonable grounds exceed prima facie satisfaction. (Para 23 , 24 , 25)
5. evidence shows guilt likelihood reoffend society harm. (Para 26 , 27 , 28 , 29 , 30 , 31)
6. bail dismissed twin conditions unfulfilled. (Para 32 , 33 , 34)

JUDGMENT :

VIRENDER SINGH, J.

1. Applicant-Lekh Raj, 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.28/2025, dated 30th January, 2025, registered with Police Station, Nurpur, District Kangra, H.P., under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

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

3. The applicant has termed the accusation against him as false and malicious, as, according to him, nothing has been recovered from his exclusive and conscious possession. He has been arrested by the police on 30.05.2025.

4. As per the case of the applicant, there is no iota of evidence on record to connect the applicant with the crime in question.

5. It is the further case of the applicant that he has been implicated and arrested only on the basis of the confessional statement of accused Jagdish, which, according to the applicant, cannot be said to be the piece of evidence, as per law.

6. According to the applicant, he is shepherd by profession and accused Jagdish, who is known to him, bought two sheep from him for a sum of Rs.21,000/- and he had transferred the said amount to the applicant, on 25.01.2025.

7. Investigation, in the present case, is stated to have been completed and on the basis of the said fact, it has been argued by Shri Praveen Chauhan, Advocate that no useful purpose would be served by keeping him in the judicial custody.

8. Earlier, the applicant has filed application, under Section 482 of the BNSS, before this Court, bearing Cr.MP(M) No.1072 of 2025, which were dismissed as withdrawn on 09.05.2025. Thereafter, the applicant has filed similar application before the Court of learned Special Judge-III, Kangra at Dharamshala, which was dismissed on 24.06.2025.

9. Apart from this, the learned counsel appearing on behalf of 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.

9.1 On the basis of the above facts, a prayer has been made to allow the application:

9. When put to notice, police has filed the status report, disclosing therein, that on 30.01.2025, ASI Satender Singh, CIA, Police District Nurpur, along with other police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotics, towards Rehan, Raja-ka-Talab, Ganoh, etc..

9.1. At about 04.10 p.m., when, the police party was present in front of Himachal Bakery near Matholi Police Line, and was talking with two local persons, namely Gopal Singh and Deep Singh, at that time, he noticed two persons coming from Jasoor side and were moving towards Talwara side on foot. One was having blue coloured plastic sack. He was moving in fast speed and other person, who had worn black neck was also having a plastic sack. One person had covered his mouth with red colour scarf. The I.O. inquired from Gopal Singh and Deep Singh, about those persons, upon which, both of them said that they do not know them. Both persons were found to be outsiders. The I.O., called the person, who was having the blue coloured sack, in his hand, however, he has not given any heed to the command of the I.O.