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2025 Supreme(HP) 1755
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA, J.
Sandeep Shah – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr. MP (M) No. 2654 of 2025
Decided On : 09-12-2025
For the Appellant : Hitender Verma
For the Respondents: Rajan Kahol, Vishal Panwar, Ravi Chauhan, Anish Banshtu, Hem Raj
Bail denied in NDPS case owing to petitioner's multiple prior drug offences, three proclaimed offender declarations, evasive conduct via multiple addresses, and grave risk of reoffending amid societal drug crisis.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Ss. 21, 29, 27A - Bharatiya Nagrik Suraksha Sanhita, 2023 - S.483 - Bail application - Recovery of small quantity of heroin from person who discarded it - Investigation revealed supply via courier from outside state for local sale - Confessions of intermediaries linking petitioner to supply, accommodation arrangements, financial transactions via UPI and cash - Virtual number used for coordination - Petitioner’s prior apprehension with contraband - Five prior NDPS cases under trial plus one IPC case - Declared proclaimed offender three times for non-appearance - Multiple addresses across documents - Bail denied due to antecedents, evasive conduct, risk of flight and reoffending, societal drug crisis affecting youth. (Paras 1-15)
Facts of the case:
Petitioner in custody since early 2025 in connection with FIR for NDPS offences following recovery of 7.98 grams heroin discarded by carrier - Probe uncovered network where contraband couriered in small quantities, sold locally with local aid in stay and sales - Payments routed through relative’s account and QR codes - Petitioner activated virtual number for contacts, supplied to intermediaries who forwarded to local seller - History of similar offences since 2020, non-appearance leading to proclamations, varied addresses.
Findings of Court:
Petitioner’s involvement stems from disclosures, digital evidence, financial trails - No basis for false implication claim - History undermines assurances of compliance.
Issues: Grant of regular bail despite strong investigative links, extensive NDPS record, proclaimed status, and potential societal harm from continued trafficking.
Ratio Decidendi: Though innocence presumed until guilt proven, bail assessment weighs antecedents, compliance history, flight risk - Repeated NDPS involvement, proclamations cast doubt on appearance undertaking - Granting liberty risks societal bane amid drug menace gripping youth - Trial conclusion directed within year for co-accused does not warrant release. (Paras 10-13,15)
Result: Bail application dismissed.
| Table of Content |
|---|
| 1. bail application in ndps possession case. (Para 1 , 2) |
| 2. petitioner's involvement in heroin supply nexus. (Para 3 , 4 , 5 , 6) |
| 3. extensive ndps history and evasion tactics. (Para 7 , 8 , 9) |
| 4. flight risk and societal harm bar bail. (Para 10 , 11 , 12 , 13) |
| 5. bail denied pending trial conclusion. (Para 14 , 15) |
JUDGMENT :
SANDEEP SHARMA, J.
1. By way of present application filed under S.483 of Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioner, who is behind the bars since 7.2.2025, in connection with FIR No. 45, dated 9.4.2024 under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Sadar, District Shimla, Himachal Pradesh, is seeking regular bail.
2. Facts of the case, leading to registration of FIR against the bail petitioner and his arrest are that on 8.4.2024, a police party led by SI Gian chand was on patrolling duty, when they noticed a youth standing in street light in front of Chicken Fry kiosk, on upper side of road near Lalpani Bus Stop. When police approached him for enquiry, said person took out something from left pocket of his trousers and threw in the drain and started off towards ISBT. Said person, on suspicion was nabbed, the item thrown by him in drain was recovered. In the meantime, a person namely Ankit Kumar son of Rajender Kumar, happened to pass, who was requested to become witness, to which he agreed and in his presence, identity of person was ascertained who disclosed his name as Veer Singh son of Shatrughan, resident of Mohan Purva, Tehsil Banda, Uttar Pradesh. The item thrown by said person was found to be heroin/chitta, weighing 7.98 grams. Seizure and sealing was conducted on the spot. Rukka was sent to Police Station Sadar, where aforesaid FIR was registered. Aforesaid Veer Singh was arrested on 9.4.2024 at 6.15 am.
3. During investigation, it transpired that said Veer Singh firstly brought 15 grams chitta from Kashmiri Gate, Delhi from one Veer Nepali and sold to two persons and then again brought 20 grams chitta which was sold to persons namely Prakash and Harish. So far present petitioner is concerned, Veer Singh allegedly disclosed that he (Sandeep Shah) contacted him through virtual No. +351934491260 and asked him to receive and sell Chitta in Shimla, through courier and made arrangements for his stay through Santosh Kumar alias Prince. Said Veer Singh allegedly disclosed that he received 10 gram and 15 gram chitta through courier on 4th April and 8th April, 2024, out of which 5 gram chitta each was taken by Santosh Kumar and rest was sold by Veer Singh, out of which 7.98 gram chitta is the contraband involved in the FIR. It appears that said Santosh Kumar alias Prince was arrested and during investigation, he admitted that on the askance of present bail petitioner, he had made arrangement for stay of Veer Singh. Police have recovered screenshots from mobile phone of Santosh Kumar, showing supply, transactions and sale- purchase of chitta. Police also found that persons who purchased chitta, made payment to Sandeep Shah through UPI ID prembist199@okaxis/prembist199@oksbi, which is in the name of Champa Devi/Prem Singh. Santosh Kumar admitted that he sent screenshots of payment to Sandeep Shah on whatsapp and used to call him on whatsapp to avoid call recording.
4. During investigation, it transpired that said account of Mrs. Champa Devi used to be operated by her son Prahlad Singh, who was associated in the investigation, who further admitted that he had been using said account of his mother for transactions relating to sale/purchase of Chitta and he had sent chitta two times from Delhi to Shimla. Said Prahlad Singh was also arrayed as an accused, arrested and sent on police remand, on 20.5.2024. Since all the above named persons indicated towards present bail petitioner, police tried to obtain documents of virtual No. +351934491260 but no record could be traced. Data from mobile phones of Veer Singh alias Lovely and Santosh Ku
