Successive bail applications must show substantial change in circumstances; mere delay in trial is insufficient for bail, especially when charged with commercial quantity of narcotics.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 520 of 2025 Reserved on: 20.06.2025 Decided on: 27.06.2025 Ram Singh ....Petitioner Versus State of Himachal Pradesh f…Respondent Coram The Hon’ble Mr. Justice Sushil Ku kreja, Judge.

Whether approved for reporting?1 For the petitioner: Mr. Yashveer Singh Rathore, Advocate.

For the respondent/NCB: Mr. Ashwani Pathak, Senior Advocate with Mr. Dev Raj, Advocate.

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Sushil Kukreja, Judge The instant bail application has been moved by the petitioner under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for releasing him on bail, in NCB Crime No. 74/2022, dated 20.10.2022, under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”), registered with NCB, Sub Zone Mandi, District Mandi, H.P.

2. The prosecution story, in brief, is that a team of NCB received a secret information that two persons, namely, Som Nath and Ram Singh (petitioner herein) were involved in

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

trafficking of charas. On the basis of said information, the NCB Mandi team reached at Bajaura bypass on 20.10.2022 and at about 6:30 am, a white coloured Maruti 800 bearing registration No. PB-07G-2400 came from Bhuntar side, which was stopped by the NCB team and the persons sitting in the said vehicle, were asked to disclose their identity. One person disclosed his name as Som Nath and other as Ram Singh (petitioner herein). After ascertaining their identities, the Investigating Officer tried to associate the persons walking on the road, as witnesses, in the proceedings, but they refused. thereafter, the Investigating Officer called Pradhan of Gram Panchayat Hat Bajaura namely Barkat Ali and Ward Member Arun Sharma and associated them as independent witnesses in the proceedings. After that a local mechanic, namely Jogu Ram, was called for opening the parts of the vehicle in the presence of both the accused persons as well as the independent witnesses. During search, 13 packets wrapped with brown coloured tape were recovered from the front mudguard, upper side of tyres, which were containing charas. On weighment, the recovered charas/cannabis was found to be

4.424 Kgs. Thereafter, the police completed all the codal formalities and both the accused persons were arrested.

3. The bail application has been filed by the petitioner on the ground that that the petitioner is in judicial custody since 20.10.2022 and the trial is not going to be completed in near future, therefore, the petitioner deserves to be released on bail, as no fruitful purpose would be served by keeping him behind the bars for an unlimited period. He further contended that there is inordinate delay in conclusion of trial, which infringes upon the right of speedy trial of the petitioner, as such, he is entitled to be released on bail on the ground that his right of speedy trial has been violated.

4. Per contra, the learned Additional Advocate General opposed the bail application on the ground that keeping in view the gravity of the offence alleged to have been committed by the petitioner, he is not entitled to be enlarged on bail. He further contended that the present bail application filed by the petitioner is the successive one, which is liable to be dismissed as there is no change in circumstances after the dismissal of the earlier bail application.

5. Pertinently, the present is the third successive bail applica