Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1489

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J.
Arvind Kumar @ Chahna - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. MP(M) No. 2329 of 2025
Decided On : 13-11-2025

Advocates Appeared:
For the Petitioner:Mr Peeyush Verma, Senior Advocate, with Mr Anuj Bali.
For the Respondent:Mr Lokender Kutlehria, Additional Advocate General.

The court emphasized that bail is not an automatic right, especially in drug offenses, considering the applicant's criminal history and the need to protect societal order.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Section 21 - Bail application - Regular bail sought for alleged possession of intermediate quantity of contraband - Allegements of false implication not substantiated - Consideration of prior criminal history and potential threat to society as grounds for denial of bail. (Paras 2, 10, 24, 32)

(B) Bail - Discretion of court - Factors to consider include nature of charge, evidence, and criminal antecedents of the applicant - Notion of bail not as a right, especially in cases involving drug offenses. (Paras 8, 30, 34)

Facts of the case:
The petitioner, arrested for possession of 27.94 grams of heroin, claimed innocence, asserting that he was falsely implicated as evidenced by the discovery of his Aadhaar card with the contraband. The police report indicated a credible informant and prior criminal history of the petitioner.

Findings of Court:
The court found substantial prima facie evidence against the petitioner and emphasized the negative societal impact of granting bail in drug-related offences.

Issues: The principal issues were whether the petitioner provided credible evidence of false implication and the relevance of his prior criminal antecedents for bail considerations.

Ratio Decidendi: The court upheld that prior criminal history and the nature of the crime (drug possession) weigh heavily against granting bail, along with the potential threat to society from the release of habitual offenders.

Result: Petition for bail dismissed.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 119 of 2025, dated 12.05.2025, registered at Police Station Sadar, District Chamba, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2. It has been asserted that the petitioner is a permanent resident of Village Bharian, Post Office Kupahara, Tehsil and District Chamba, H.P. He belongs to a respectable family. He was arrested on 12.05.2025. The petitioner is innocent and has not committed any offence. The petitioner has nothing to do with the contraband stated to have been recovered by the police. The allegation that the Aadhaar card of the petitioner was found in the bag containing 27.94 grams of charas is prima facie proof of false implication. The quantity of charas stated to have been recovered from the possession of the petitioner is an intermediate quantity, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The police have completed the investigation and filed the charge sheet before the Court. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions which the Court may impose. Hence the petition.

3. The petition is opposed by filing a status report asserting that the police party were present at Gate on Chamba Jot Road on 12.05.2025 at about 4:35 P.M. when they received secret information that the petitioner, Arvind @ Chahna was supplying heroin. The information was credible. It was reduced to writing and was sent to the Additional Superintendent of Police. The police associated Kanta Devi and Kuldeep Singh and went to the shop of the petitioner. The police searched the shop and recovered a rexine bag containing one Aadhaar card, Rs.2,29,000/- and a transparent polythene containing 27.94 grams of heroin. The police seized the currency notes and heroin and arrested the petitioner. The heroin was sent to the State Forensic Science Laboratory (SFSL), Junga, and as per the report, it indicated the presence of Diacetylmorphine (Heroin). The police filed a charge sheet before the Court on 09.07.2025. The matter was listed for recording the statements of witnesses on 16.10.2025, 17.10.2025 and 18.10.2025. FIR No. 318/23, FIR No. 216/23, FIR No. 293/23, FIR No. 203/24 and FIR No. 217/24 are pending against the petitioner. The petitioner has criminal antecedents. He would influence the witnesses and indulge in the commission of similar crimes if released on bail. Hence, it was prayed that the present petition be dismissed.

4. I have heard Mr Peeyush Verma, learned Senior Advocate, assisted by Mr Anuj Bali, learned counsel for the petitioner and Mr Lokender Kutlheria, learned Additional Advocate General for the respondent/State.

5. Mr Peeyush Verma, learned Senior Advocate for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The grounds of arrest were not communicated to him, and his arrest is illegal. He relied upon the judgments of Vihaan Kumar vs. State of Haryana (2025) 5 SCC 799 and Prabir Purkayastha vs. State (NCT of Delhi) (2024) 7 SCC 576 in support of his submission.

6. Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State, submitted that the petitioner was found involved in the commission of similar offences and there is every likelihood of the petitioner committing similar offences in case of his release on bail. Heroin adversely affects society, and its possession should not be condoned. Therefore, he prayed that the present petition be dismissed.

7. I have given considerable thought to the submissions made at the bar and have gone through the record carefully.

8. The parameters for granting bail were considered by the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC 314: 2025 SCC OnLine SC 781, wherein it was observed at page 380:-

(i) Broad principles