IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) Nos. 959 & 1117 of 2025 Reserved on: 26.05.2025 Date of Decision: 04.06.2025.

1. Cr.MP(M) No. 959 of 2025 Aman Shobta ...Petitioner Versus State of Himachal Pradesh ...Respondent

2. Cr.MP(M) No. 1117 of 2025 Abhay Shyam ...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) : Mr. Ajay Kochhar, Senior Advocate, with Mr. Anubhav Chopra, Advocate, in Cr.MP(M) No. 959 of 2025, M/s. Kunal Mehta, Hitesh Bali & Mohit Thakur, Advocates, in Cr.MP(M) No. 1117 of 2025.

For the Respondent(s) : Mr. Prashant Sen, Deputy Advocate General, in Cr.MP(M) No.959 of 2025 & Mr. Lokender Kutlehria, Additional Advocate General, in Cr.MP(M) No.1117 of 2025.

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

Rakesh Kainthla, Judge Both the petitions have been filed for seeking regular bail in the same FIR; hence, these are being taken up together for disposal by way of a common judgment.

2. The petitioners have filed the present petitions seeking regular bail in FIR No. 107 of 2024, dated 14.8.2024, registered for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, at Police Station, Sadar, Shimla, H.P. As per the prosecution, the police party recovered 6.380 grams heroin from room No.101 occupied by Suraj and Rohit Pandey. The police seized the heroin and arrested them. They disclosed that they came in contact with one Sandeep Shah and procured the contraband from him. The police checked the call detail record and bank account details of Sandeep Shah. It was found that the petitioners had transferred various amounts on different occasions is to the account of Sandeep Shah. The police arrested the petitioners, and they are in judicial custody. The statement made by the co-accused is inadmissible in evidence, and a financial transaction cannot be used to detain a person in custody. The investigation is complete, and no fruitful purpose would be served by detaining the petitioners in custody. The petitioners would abide by the terms and conditions which the Court may impose. Hence, the petitions.

3. The petitions are opposed by filing status reports asserting that the police party was on patrolling duty on 13^th August 2024. Secret information was received on 14^th August 2024 at about 12:05 am that two persons staying in Room No. 101 of Hotel Himachal had a huge quantity of narcotics. The police reduced the information to writing and sent it to the Supervisory OfÏcer. The police went to room number 101 with two independent persons. Suraj and Rohit Pandey were found in the room. The police searched the room and recovered one polythene packet containing 6.380 grams of heroin and a digital weighing machine. The police seized the heroin and the digital weighing machine. The police arrested the occupants of the room. Suraj and Rohit Pandey disclosed during the investigation that the heroin was made available to them by Sandeep Shah. Sandeep Shah used to send the location and direct them to keep the heroin in those locations. They would drop the heroin and send the location to Sandeep Shah via WhatsApp. The police checked the call detail records and the bank account statements. The police found that Jitender Verma, Jugal Kishore and Aastik Chauhan were in contact with Rohit Pandey and Suraj. They had transferred a huge amount to Sandeep Shah’s bank account. Police arrested Jitender Verma, Jugal Kishore, Aastik Chauhan, Sandeep Shah and Neeraj Kashyap. The police found during the investigation that Sandeep Shah was dealing in narcotics. FIR number 108/2022 and FIR number 190/21 were registered against him. Many persons, including the present petitioners, had transferred the money to the accounts of Sandeep Shah, Arpita Shah, and Neeraj Kashyap. The petitioners are members of an organised crime syndi