IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.M.P(M) No. 1755 of 2023 Decided on: 24th November, 2023 Rakesh Kumar .......Applicant Versus State of H.P. ...Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant: Mr. Anirudh Sharma, Advocate For the respondent: Mr. Tejasvi Sharma, Addl. A.G with Ms. Leena Guleria, Dy.

A.G.

Virender Singh, Judge (oral).

By way of present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), applicant-Rakesh Kumar has sought his release, on bail, during the pendency of trial, in case FIR No. 64 of 2023, dated 23rd June, 2023, registered with Police Station Dharampur, District Solan, H.P., under Sections 20 and 29 the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’).

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

2. According to the applicant, he is an innocent person and has falsely been implicated, in the present case.

3. It is the further case of the applicant that the investigation in the present case is complete and no useful purpose would be served by keeping him in judicial custody. 4. The applicant has earlier tried his luck before the learned Special Judge-II, Solan, District Solan, H.P., by filing bail application, however, the said application was dismissed by the learned Special Judge vide order dated 05.07.2023.

5. On the basis of above facts, the applicant has given, certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

6. When put to notice, the police has filed the status report, disclosing therein, that SI Prem Singh has submitted a rukka to the Police Station Dharampur through HHC Jagat Ram, disclosing therein that on 22.6.2023 at about 10.55 p.m, he along-with other police officials, was on patrolling duty and when he was present near Naya Nagar Shiv Temple Road, he received a secret information with regard to the indulgence of applicant Rakesh in the business of selling charas. After the said information, he has complied with provisions of Section 42(2) of the NDPS Act and submitted the information to the SDPO, Parwanoo, Solan. Two independent witnesses, namely, Anjula Bhandari, w/o Vijender Kumar Bhandari and Sandeep Gurang, S/o Shri Vijay Parkash were associated.

6.2 At about 12.05 a.m (mid night) on 23.6.2023, the applicant was nabbed and from his possession, alleged contraband, i.e., charas weighing 960 grams was recovered. 6.3 The contraband, so recovered, was taken into possession. Other codal formalities were completed and the FIR in question was registered. The contraband so recovered was sent to SFSL, Junga from where, positive result has been received. Thereafter, the police has submitted the challan, which has been submitted in the competent Court of law on

5.8.2023.

7. Apart from this, three other cases have already been registered against him, which are pending adjudication and the details of the same have also been mentioned in the application, which are reproduced as under:-

1. Case FIR No.82 of 2017 under Section 20 of the NDPS Act registered with Police Station, Dharampur, District Solan H.P., which is pending in the Court.

2. Case FIR No.54 of 2020 under Section 39 (1)a of H.P Excise Act, registered with Police Station, Dharampur, District Solan H.P., which is pending in the Court.

3. Case FIR No.132 of 2021 under Section 283, IPC registered with Police Station, Dharampur, District Solan H.P., which is pending in the Court.

8. On the basis of above facts, a prayer has been made to dismiss the application.

9. Heard.

10. The contraband, allegedly recovered from the possession of the applicant, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case.

11. The investigation, in the present case, is complete and this fact can be deduce