The court emphasized that the presumption of innocence and the absence of commercial quantity justified granting bail, alongside considerations of parity with a co-accused.

Cr.MP (M) No. : 1554 of 2025 Reserved on : 18^th July, 2025 Decided on : 25th July, 2025 Kavir …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant : Mr. Vijender Katoch, Advocate.

For the respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Additional Advocate General, and Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Sunil Kumar, Police Station Dharamshala, District Kangra, H.P.

Virender Singh, Judge Applicant-Kavir, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.26 of 2025, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

dated 13.02.2025, registered, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dharamshala, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated by the Police, as, he has nothing to do with the offence, for which, he has been arrested, in this case.

3. As per the applicant, the contraband, allegedly recovered in this case, 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.

4. According to the applicant, he is permanent resident of District Kangra, and is having deep roots in the society.

5. Investigation. in the present case, is stated to have been completed, as, the police has filed the charge-

sheet, before the competent Court of law.

6. The applicant has also tried his luck, by moving similar application, before the Court of learned Special Judge-II, Kangra at Dharamshala, which was dismissed, vide order dated 06.06.2025.

7. On the basis of the above facts, Mr. Vijender Katoch, 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.

8. Learned counsel for the applicant has also submitted that even, on the ground of parity, the applicant is entitled to be released on bail, as his co-accused, namely Deepak Kumar, has already been released on bail, by this Court vide order, dated 04.07.2025, passed in Cr.MP(M)

No.1462 of 2025.

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

10. When put to notice, the police has filed the status report, disclosing therein, that on 13.02.2025, a police party comprising ASI Uma Kumar along with ASI Chaman Lal and other Police officials, under the leadership of SHO Police Station Dharamshala, when reached at a place known as Gamaru Charan Khad Bridge, then at about 8.25 p.m., on seeing the police officials, two boys, ran towards Gamru bridge.

10.1. As per the direction of ASI, driver of the official vehicle stopped the car and ASI Chaman Lal and constable Navneet were directed to nab the said two boys, upon which, they had started chasing them.

10.2. While fleeing away, the boy, who had worn the green jacked, had thrown a pink coloured carry bag towards darkness and tried to ran towards the room. Both were nabbed. Thereafter, the SHO, also reached on the spot, along with one Anuj Katoch.

10.3. The said Anuj Katoch and ASI Chaman Lal, were associated as independent witnesses. Antecedents of the person wearing green jacket, were inquired, who, o