IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) Nos. 1952 and 2372 of 2024 Reserved on: 29.11.2024 Date of Decision: 06.12.2024.

1. Cr. MP (M) No. 1952 of 2024 Amit Kumar ...Petitioner Versus State of Himachal Pradesh …Respondent

2. Cr.MP(M) No. 2372 of 2024 Anuj Kumar …Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No For the Petitioner(s) : Ms. Meera Devi, Advocate in Cr.MP(M) No. 1952 of 2024 Mr. V.S. Rathore, Advocate in Cr.MP(M) No. 2372 of 2024

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

For the Respondent/State: Mr. Lokender Kutlehria, Additional Advocate General in both the petitions.

Rakesh Kainthla, Judge The petitioners have filed the present petitions for seeking regular bail. It has been asserted that the petitioners were arrested vide FIR No. 210/2023, dated 05.08.2023, registered at Police Station Baddi, District Solan, H.P. for the commission of offences punishable under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’).

2. The petitioners are innocent, and they were falsely implicated in the present FIR. Petitioner – Anuj Kumar had earlier filed a bail petition bearing Cr.MP(M) No. 2849 of 2023, which was dismissed on 01.12.2023. The petitioners would abide by all the terms and conditions, which may be imposed by the Court. Petitioner- Anuj Kumar was apprehended based on a Whatsapp conversation and the inadmissible statement of co- accused Mohinder. The prosecution has cited thirty-three witnesses, and the trial is likely to take considerable time; therefore, it was prayed that the present petitions be allowed and the petitioners be released on bail.

3. The petition was opposed by filing a status report, asserting that the Police searched the house of Mohinder based on the information and recovered 14500 tablets weighing 5133 grams of Tramadol Hydrochloride, 11400 tablets weighing 1413.6 grams of Alprazolam tablets, 600 tables of Alprazolam weighing 61.2 grams. The drugs were seized. The screenshot of the WhatsApp chat was taken into possession. Amit Kumar was arrested, and as per the Whatsapp chat, the drugs were supplied by Anuj Sharma. As per the report of analysis, the drugs were found to be Tramadol and Alprazolam. The challan was prepared and presented before the Court. Petitioner – Amit Kumar’s account details were checked and it was found that ₹10,000/- were transferred on 22.07.2023, and ₹47,500/- were transferred on 24.07.2023 to the account of petitioner- Anuj Kumar. A supplementary challan was filed before the learned Court, and the matter was listed on 19.09.2024 for consideration of charge.

Hence, the status report.

4. I have heard Ms Meera Devi, learned counsel for the petitioner- Amit Kumar, Mr V.S. Rathore, learned counsel for petitioner- Anuj Kumar and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State.

5. Ms Meera Devi, learned counsel for the petitioner- Amit Kumar, submitted that the petitioner is innocent and he was falsely implicated in the present FIR. The charge has not been framed, and there is no likelihood of an early conclusion of the trial; therefore, she prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr V.S. Rathore, learned counsel for the petitioner- Anuj Kumar, submitted that the petitioner was arrested based on the statement made by the co-accused and the screenshot of the Whatsapp conversation. These are not legally admissible evidence, and there is no evidence to connect the petitioner with the commission of a crime. Hence, he prayed the present petition be allowed, and the petitioner be released on bail.

7. Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State, submitted that the petitioners had supplied a commercial quantity of Tramadol and Alprazolam to their co-accused and rigours of Section 37 of ND