Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1431

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Ashok Kumar - Applicant
Versus
State of Himachal Pradesh - Respondent
CrMP(M) No. 2295 of 2025
Decided On : 30-10-2025

Advocates Appeared:
For the Applicant :Mr. Yashpal, Advocate, vice Mr. Narendra Guleria, Advocate.
For the Respondent:Mr. H.S. Rawat, Additional Advocate General, with Mr. Rohit Sharma and Ms. Avni Kochhar Mehta, Deputy Advocates General

Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 21 and 29 - Bail application under Section 483 of BNSS - Applicant arrested for possession of commercial quantity of narcotics - Court emphasizes the mandatory twin conditions for grant of bail as per Section 37 of NDPS Act: (i) reasonable grounds for believing non-guilt and (ii) no likelihood of committing further offences while on bail - Applicant failed to satisfy these conditions. (Paras 19-27)

(B) Criminal Procedure Code - Granting bail involving serious offences is subject to statutory limitations and public interest must be prioritized. (Paras 20-26)

Facts of the case:
Applicant seeks bail during the trial for allegedly possessing 261 gms of heroin, asserting innocence and the presence of his family.

Findings of Court:
Conditions for bail under Section 37 of NDPS Act not satisfied; no undue delay in trial noted.

Issues: The existence of reasonable grounds for believing the accused is not guilty and assessment of behavior while on bail.

Ratio Decidendi: The court found that statutory provisions demand stringent adherence in narcotics cases and existing investigation outcomes indicated potential guilt.

Result: Bail application dismissed.

JUDGMENT :

Virender Singh, J.

Applicant-Ashok Kumar, by way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), has sought his release, on bail, during the pendency of the trial, arising out of FIR No.126 of 2023, dated 01.08.2023, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Damtal, District Kangra, H.P.

2. According to the applicant, he has falsely been arrested by the police, in this case, on 01.08.2023, for allegedly possessing contraband, weighing 261 gms of chitta/heroin, as, he is innocent and has not committed the alleged offence.

3. As per the stand of the applicant, the investigation, in the present case, is almost complete, as such, no useful purpose would be served, by keeping him in the judicial custody, any further.

4. The relief of bail has also been sought on the ground that the applicant is the sole bread winner, in his family, having his wife and two school going children and in case, bail is not granted to him, his whole family will suffer and they are at the verge of starvation.

5. The applicant has sought his release, mainly, on the ground of inordinate delay in trial, as, according to the applicant, the challan, in this case, has been presented before the Court on 25.05.2024, however, till date, no evidence has been recorded so far.

6. According to the applicant, he had earlier tried his luck by moving similar application, before the learned trial Court, by moving similar bail application, which was dismissed, vide order dated 23.12.2023. Thereafter, he had tried his luck, before this Court, by moving CrMPs(M) No. 210, 1849, 2395 of 2024, which were dismissed as withdrawn, vide orders dated 29.02.2024, 29.08.2024 and 12.11.2024, respectively. The subsequent bail application, filed by him, being CrMP (M) No. 444 of 2025, is also stated to be dismissed by this Court, vide order, dated 19.03.2025.

7. 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.

8. On the basis of the above facts, 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 01.08.2023, ASI Satinder Singh, IO, Police Station Damtal, has submitted a ruqqa to the Police Station, Damtal, through HC Vikas, for registration of FIR, mentioning therein that on 01.08.2023, IO, along with other police officials, was on patrolling duty and duty to detect crime relating to excise and narcotics.

10. It is the case of the police that at about 03 53 pm, police party had left Police Station and after visiting Thapkor-Lodwa side, at about 05 10 pm, IO was present at Excise Barrier, Chakki at Badrohea. In order to stop the illegal activity in the area, he has put the picketing at that place and started checking the vehicles coming from Pathankot, Punjab side. Then, he noticed Activa scooter, bearing registration No.HP-97-2254, colour white, being driven by its driver, coming from Pathankot side. Two persons were found on it.

11. Thereafter, IO, after stopping the driver, directed him to show the driving licence, upon which, driver Yashpal S/o Ram Chand had produced the driving licence and the person, who was the pillion rider, on enquiry, disclosed his name as Suresh Kumar S/o Jagat Ram. When, the IO was enquiring from the said persons, meanwhile, a grey coloured Maruti 800 car, being driven by its driver, was seen coming, which was signaled to stop by HC Vikas. The driver has not stopped the vehicle and taken the same away from there, upon which, Ct. Rishabh, who was present there, stopped the said car. Thereafter, IO and other police officials also reached there. The registration number of th