Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1434

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Sujeet - Applicant
Versus
State of Himachal Pradesh - Respondent
Cr. MP (M) No. : 2394 of 2025
Decided On : 30-10-2025

Advocates Appeared:
For the Applicant :Mr.Yug Singhal & Mr.Hitender Verma, Advocates.
For the Respondent:Mr. H.S. Rawat, and Mr. Varun Chandel, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General.

Bail under NDPS Act requires dual satisfaction of not guilty and no risk of re-offending, which the applicant failed to prove.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Narcotic Drugs and Psychotropic Substances Act - Sections 20, 25, 29 and 37 - Bail application - The applicant, arrested for allegedly possessing 1.254 kilograms of Charas, was denied bail due to the applicability of Section 37 of the NDPS Act, requiring satisfaction of dual conditions regarding the accused's guilt and likelihood of re-offending while on bail. The court emphasized the mandatory nature of Section 37 and the necessity to establish reasonable grounds for the applicant's innocence. (Paras 1, 4, 21)

(B) Twin conditions - The court reiterated the twin conditions for granting bail under Section 37, requiring the court to determine, with more than prima facie grounds, that the accused is not guilty and is unlikely to commit further offences while on bail. The applicant failed to demonstrate satisfying these conditions. (Para 21)

JUDGMENT :

Virender Singh, J.

Applicant Sujeet 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. 2 of 2025, dated 03.01.2025, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Majra, District Sirmaur, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, by the police, for allegedly possession 1.254 kilograms of Charas.

3. As per the applicant, the story of the prosecution is absurd, baseless and imaginary and no evidence could be collected to demonstrate the connection of the applicant with the crime, in question. He has termed the entire prosecution case as false and frivolous.

4. The applicant is stated to be in judicial custody since 03.01.2025. Investigation, in the present case, is complete and the charge-sheet has been filed in the competent Court of law.

5. It is the further case of the applicant that conclusion of the trial will take sufficient long time, as such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period.

6. According to the applicant, he is young man of 19 years and sole bread earner of his family.

7. The applicant has tried his luck by moving similar application, before the Court of learned Special Judge-I, Sirmaur District at Nahan, H.P., however, the same was dismissed on 25.03.2025. Thereafter, the applicant has moved Cr.MP(M) No.1351 of 2025, before this Court, which was dismissed as withdrawn on 26.06.2025.

8. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide, in case, he is ordered to be released on bail, during the pendency of the trial.

9. On all 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 02.01.2025, Constable Vishal No.283 SIU Nahan, produced a rukka, which was submitted by HC Rakesh Kumar I.O., SIU Nahan, mentioning therein, that on 02.01.2025, the I.O., along with other police officials, was on patrolling duty and duty to detect the crime, relating to excise and narcotic.

10.1. At about 8.15 p.m., when, the police party reached at Majra Chowk on National Highway, then, the I.O. received a secret information, about the fact that two young men Ankit and Sujeet are indulged in the sale of Charas and are residing in a rented accommodation at Neharwale road Surajpur (Paonta Sahib).

10.2. As per the information, both the said brothers are coming towards Majra, on their black coloured motorcycle, make Splender, bearing registration No.UP11CD-4775, and in case, the said motorcycle is intercepted and searched, a large quantity of contraband could be recovered.

10.3. The said information was found to be authentic and reliable. As per the I.O., in case, search warrants are obtained, in that eventuality, delay could be caused and there is every possibility that the contraband could be removed from there. As such, the I.O. has complied with the provisions of Section 42 (2) of the NDPS Act and submitted the information to the SDPO, Paonta Sahib.

10.4. Thereafter, the I.O., along with other police officials, proceeded towards Neharwale road. When, they reached near Johadon, then, on the left side of the road, the I.O., noticed one person, who was called by the I.O. and inquired about his name and address. He disclosed his name as Sanjeev Kumar son of late Shri Prakash Chand. He was apprised about the secret information and was requested to be the independent witness, to which, he agreed. Out of the Police team, HC Babu Ram No. 644 and Constable Manoj No.659, were also associated as witnesses.

10.5. Thereafter, picketing was done, in order to wait for the said bike. At a