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2025 Supreme(HP) 1634
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Mohit Singh @ Toni - Petitioner
Versus
State of Himachal Pradesh – Respondent
Cr. MP (M) No. 2569 of 2025
Decided On : 27-11-2025
Important Points
Subject
Criminal Law - Bail under NDPS Act
Act Referred
CONSTITUTION OF INDIA : Art.22(1)
Headnote
(B) Bail - Grant of - Principles - Nature of accusation, evidence, severity of punishment, character of accused, risk of tampering, public interest etc. to be considered judiciously - Detailed assessment required, not mechanical. (Para 8)
Facts of the case:
Police apprehended person with 262 grams contraband; disclosures led to arrests in chain; petitioner received cash, jewellery, documents allegedly from drug proceeds; co-accused granted bail; petitioner first offender claiming false implication; grounds of arrest not supplied.
Findings of Court:
Petitioner directed to be released on bail bonds of ₹1,00,000/- with one surety; conditions include not intimidating witnesses, attending trial, not leaving address without intimation, surrendering passport, furnishing contacts.
Issues: Whether receipt of drug proceeds constitutes financing or abetment; applicability of Section 37 restrictions.
Ratio Decidendi: Financing means monetary support for operationalizing or sustaining illicit traffic, not mere payment in transactions or receipt/return of proceeds; abetment requires active instigation, encouragement or intentional aid, not passive receipt.
Result: Petition allowed.
For the Petitioner:Mr Umesh Kanwar, Advocate.
For the Respondent:Mr Jitender Sharma, Additional Advocate General.
| Table of Content |
|---|
| 1. petitioner linked to drug money via co-accused disclosures. (Para 1 , 2) |
| 2. parity bail sought; state cites ndps commercial quantity rigours. (Para 4 , 5 , 6) |
| 3. bail discretion requires weighing offence nature, evidence, antecedents. (Para 7 , 8 , 9) |
| 4. receiving drug proceeds not financing under ndps section 27a. (Para 10 , 11) |
| 5. no instigation or aid; mere receipt not abetment under section 29. (Para 12 , 13 , 14 , 16 , 18) |
| 6. no prima facie ndps offence; bail granted with conditions. (Para 15 , 17) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 127 of 2024, dated 27.10.2024, registered at Police Station, Damtal, District Kangra, H.P., for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that, as per the prosecution, the police apprehended Kamaljeet on 27.10.2024 at about 7:00 pm with 262 grams of heroin. Kamaljeet revealed that he had purchased heroin from Rajesh Lodhi and was to be delivered to Rajat Kumar. The police arrested Rajesh Kumar, who disclosed that one Vishal Kumar resident of Dubai, used to send contraband to him. He (Rajesh Kumar) used to sell it and hand over the money to Raj Kumar alias Sethi. Raj Kumar had handed over the money to Lakhwinder. Police arrested Lakhwinder, who disclosed that he had deposited the money with the petitioner, who is an employee of Gaurav Jewellers. The police arrested the petitioner. The grounds of arrest were not supplied to the petitioner, which is violative of Article 22(1) of the Constitution of India. The petitioner was falsely implicated, and there is no material to connect him to the commission of the crime. The co-accused Gagan Sarna, Rajesh Kumar and Shabnam have been released on bail. The petitioner is a first offender, and there is nothing to connect him to the commission of the crime. 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 party apprehended Kamajeet Singh with a carry bag containing 262 grams of heroin on 27.10.2024. The police seized the heroin and arrested Kamaljeet. Kamaljeet revealed during the interrogation that he had purchased the heroin from Rajesh, and he was to deliver it to Rajat Kumar. The police checked call details record and found that Rajesh and Rajat Kumar had been in touch with each other. The police apprehended Rajesh, who revealed that Vishal, a resident of Dubai, supplies the heroin to him with directions to further supply it to the persons named by him. He used to hand over the money to Rajesh Kumar alias Sethi. The police apprehended Rajesh Kumar alias Sethi. Rajesh Kumar alias Sethi revealed during the interrogation that he had handed over the money to Lakhvinder Singh as per the directions of Vishal. The police apprehended Lakhvinder, who revealed that he had deposited the money into his account and handed over some of the money to petitioner, Mohit Singh, an employee of Gaurav Jewellers. He had also handed over about three crores rupees to Gagan Sarna, owner of Gaurav Jeweller. The police arrested petitioner, Mohit Singh and recovered the gold ornaments, currency notes, and the investment documents. The petitioner also revealed that Lakhwinder had handed over cash, 67 grams of gold jewellery, 97 grams of silver jewellery and a mobile phone to him. The police seized the jewellery, mobile phone, insurance bonds and currency notes worth ₹4,90,000/-. The petitioner had kept drug money with him to benefit the drug dealers. The challan was filed before the Court, and the matter is listed before the learned Trial Court on 19.12.2025. Hence, the status report.
4. I have heard Mr Umesh Kanwar, learned counsel for the petitioner and Mr Jitender Sharma, learned Additional Advocate General, for the respondent-State.
5. Mr Umesh
