IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1553 of 2025 Reserved on:- 11.07.2025 Date of Decision: 17.07.2025 Hem Raj @ Bablu …Applicant Versus State of H.P. …..Respondent Coram:

The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Mr. Mohar Singh, Advocate.

For the respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General.

Virender Singh, Judge By way of the present application, filed under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Hem Raj alias Bablu has sought his release, on bail, during the pendency of the trial, arising out of FIR No.50 of 2025, dated 25.04.2025, registered under Sections 21 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Padhar, District Mandi H.P.

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

2. According to the applicant, he is innocent person and has falsely been implicated, at the instance of the police, in this case.

3. It is the case of the applicant, investigation in the present case is completed and nothing is to be recovered from him or at his instance. He has termed the case of the prosecution, as imaginary and baseless.

4. The applicant has further pleaded that apart from the present case, another case bearing FIR No.259 of 2024 dated 13.12.2024, under Sections 21 and 25 of the NDPS Act, has been registered against him.

5. The applicant had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Mandi, District Mandi, Himachal Pradesh. However, the same was dismissed, vide order dated 20.06.2025.

6. Apart from this, Mr. Mohar Singh, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

7. On the basis of the above facts, a prayer has been made to allow the bail application.

8. When, put to notice, the police has filed the status report, disclosing therein, that on 25.04.2025, Constable Praveen Kumar No.687, has submitted a Ruka, to Police Station, which was forwarded to Police Station, Padhar by SI/SHO Saurabh Thakur, for registration of the FIR. As per Ruka, on 25.04.2025 SI/SHO along with the other police officials in his private vehicle was on patrolling duty, when, they were present at place known as Narla then, Constable Praveen Kumar No.687, also met them and he was also associated in the investigation. Thereafter, HHC Bhagwan Singh, from 3^rd IRBn Pandoh, who was on traffic duty, was telephonically directed to come and join the patrolling party. After some time, HHC Bhagwan Singh, reached there. Thereafter, the police party had proceeded towards Drang side, and at about 5:15 PM, private vehicle was parked in the premises of old Police Station, Drang.

8.1. Thereafter, the police party started for patrolling on foot. They had gone to the local fair at Burari. After patrolling, they were going to old premises of Police Station, Drang and at about 6:30 PM, when, they reached at Khani Nala bridge, then, they noticed two persons coming on foot from Mandi side. On seeing the police party, they got perplexed and started moving towards Drang. They were chased and out of the two persons, one person, who had worn green shirt, had thrown yellow scarf (Patka), on the left side of the road and started moving towards Drang side. Those two persons were nabbed at a distance of 20-25 paces. Their activities raised a suspicion in the mind of SI/SHO, that the yellow scarf (Patka) might be containing some suspicious article or psychotropic substance. Thereafter, Constable Praveen Kumar, was directed to arrange for independent witnesses. After some time, he came back with one lady and one man.

8.2. On inquiry,