IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 1140 of 2025.

Reserved on: 26.05.2025.

Date of Decision: 04.06.2025.

Hans Raj .…Petitioner Versus State of H.P. ....Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No.

For the petitioner : Mr. Abhishek Barowalia, Advocate.

For the respondent/State. : Mr. Lokender Kutlehria, Additional Advocate General with HC Tejender No.219, I/O Kumarsain, District Shimla.

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Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail. It has been asserted that the police registered an F.I.R. No. 0024 of 2024, dated 21.04.2024, for the commission of an offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (“in short NDPS Act”), at Police Station Sadar Kumarsain, District Shimla, H.P. As per the

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

prosecution's case, the petitioner was found in possession of 1 kg 229 grams of Charas. The petitioner was falsely implicated. There is nothing on record to show that the search of any of the passengers was conducted. The quantity of the contraband is just above the intermediate quantity. The Chemical Analyst stated that the presence of cannabinoids, including tetrahydrocannabinol, was detected. There is no mention of the resin of the cannabis plant, concentrated preparation and the resin known as hashish oil or liquid hashish; therefore, the substance cannot be said to be Charas. The petitioner had earlier filed a bail petition before this Court, which was registered at Cr. MP (M) No. 1909 of 2024 and the same was dismissed on

30.09.2024. Hence, the present petition.

2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 21.01.2024. They checked a bus bearing registration No. HP06A- 1557 at 9:30 a.m. They found the petitioner occupying seat No.1, having a backpack on his lap. He tried to conceal the backpack after seeing the police. The police became suspicious and searched the petitioner in the presence of the driver and conductor. The police recovered 1 kg and 229 grams of charas. The police have filed the charge sheet before the Court on

19.07.2024. 06 witnesses have been examined and the matter is now listed for the examination of remaining prosecution witnesses on 07.07.2025, and 08.07.2025 in the Court of learned Additional Sessions Judge, Rampur. The petitioner would indulge in the commission of a similar offence in case of his release on bail. He was found in possession of a commercial quantity of Charas. Releasing him on bail would encourage the drug peddlers to commit similar offences. Hence, it was prayed that the present petition be dismissed.

3. I have heard Mr. Abhishek Barowalia, learned counsel, for the petitioner and Mr. Lokender Kutlehria, Additional Advocate General, for the respondent/State.

4. Mr. Abhishek Barowalia, learned counsel for the petitioner, submitted that the independent witnesses, Sanju and Ramesh, have not supported the prosecution's case, which makes the prosecution's case highly suspect. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Lokender Kutlehria, learned Additional Advocate General, submitted that the mere fact that an independent witness has not supported the prosecution's case is not sufÏcient to discard it. The effect of the statements of the independent witnesses has to be seen along with the statements of other witnesses. The Court has to see a prima facie case while granting bail. Hence, he prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. It is undisputed that earlier, the petitioner had filed a petition bearing Cr.MP (M) No. 1909 of 2024, which was dismissed on 30.09.2024. It was held in the State of Maharashtra Vs