IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP(M) No.2833 of 2024 Reserved on : 19.12.2024 Decided on: 24.12.2024 Sunny …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Mr. K.S. Gill, Advocate.

For the respondent : Mr. Mohinder Zharaick, Additional Advocate General, assisted by HC Om Prakash No.511, Police Station Nahan.

Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Sunny has sought his release, on bail, during the pendency of the trial, in case FIR No.138 of 2024, dated 23.08.2024, registered under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar Nahan, District Sirmaur, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case. The contraband, allegedly shown to be recovered, in the present case, is stated to be 11 grams of chitta/heroin, which, according to the applicant, does not fall within the definition of ‘commercial quantity’. As such, according to him, rigors of Section 37 of NDPS Act are not applicable.

3. As per applicant, he is from a respectable family, having deep roots in the society. Investigation, in the present case, is stated to be complete and nothing is to be recovered from the applicant or at his instance.

4. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-II, Nahan, District Sirmaur, Himachal Pradesh. However, the same was dismissed vide order dated

07.11.2024.

5. Apart from this, Mr. K.S. Gill, Advocate, appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

6. On the basis of the above facts, a prayer has been made to allow the bail application.

7. When, put to notice, the police has filed the status report, disclosing therein, that on 23.08.2024, Constable Vinod No.21 sent a ruqqa to the Police Station Sadar Nahan, District Sirmaur, through HC Babu Ram No.644 (IO), AHTU/WPS Detection Cell, mentioning therein that the IO, along with other police officials, was on patrolling duty, as well as, the duty to detect the crime, relating to excise, narcotics, anti-human trafficking, force labour and illegal mining, towards Kala Amb.

8. It is the case of the police that at about 08:08pm, when, on their way back to Nahan, at about 10:00pm, they were present at Kanshiwala Vegetable Market, then, a secret information was received regarding the indulgence of a boy, namely Sunny S/o Krishan Chand R/o Balmiki Basti, Nahan (applicant), in the business of selling charas and according to the information, the said boy, in vehicle bearing No.HR05-BC-0452, is coming from Ambala side to Nahan side.

9. As per the said information, if the said vehicle is intercepted and search is conducted, then, the large quantity of contraband could be recovered, in this case. According to the IO, in case, he would have made efforts to obtain the search warrant or authorization letter, in that eventuality, there were chances of removing the contraband. As such, he has complied with the provisions of Section 42(2) of the NDPS Act and prepared the report on his laptop and has taken out the print and submitted the same to SDPO (Headquarter), Nahan.

10. It is the further case of the police that thereafter, they had waited for the said vehicle and in the meanwhile, a boy was seen coming on motorcycle from Nahan side, upon which, he was signaled to stop. Subsequently, his name was enquired and he disclosed his name as Ishan, S/o Fakir Mohammad, R/o H.No.1150/4, Amarpur Mohalla, Nahan and he was associated as independent witness, in this case. Efforts were also