Possession of narcotics includes weight of neutral substances for determining commercial quantity under NDPS Act.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 1627 of 2025 Reserved on: 23.07.2025 Date of Decision: 31.07.2025 Rocky Malhotra ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram r Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes.

For the Petitioner : Mr. Monty Goel, Advocate (through Video Conferencing) and Ms. Rashmi Parmar, Advocate (present in the Court).

For the Respondent/State : Mr. Ajit Sharma, Deputy Advocate General, with ASI Jagpal Singh, IO PS Kangra, District Kangra, H.P., with police record.

Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail in FIR No. 158 of 2023 dated 12.09.2023, registered for the commission of offences punishable under Sections 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘the ND&PS Act’) at Police Station Kangra, District Kangra, H.P.

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

2. It has been asserted that, as per the FIR, the police approached the petitioner, who was standing with his friends. He threw the bag after seeing the police. The police checked the bag and found LSD in it. The petitioner has been in custody for 01 year and 06 months. The prosecution has only examined 04 witnesses. No independent witness was present at the time of the recovery. There is a presumption of innocence in favour of the petitioner. The petitioner participatedu in the investigation to the satisfaction of the Investigatingo OfÏcer. The petitioner does not have any criminal antecedCents. His custodial interrogation is not required; therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 12.09.2023. They received a secret information at 11:50 am that two persons were standing near the gate of Chhota Haridwar Mandir. 01 person has a grey backpack containing a huge quantity of LSD. The information was credible, and it was reduced to writing. The police party went to the spot and introduced themselves. The person tried to run away from the spot. The petitioner had a grey backpack, which he threw into the bushes. He identified himself as Rocky Malhotra, and the other person identified himself as Mukesh Kumar. The police checked the backpack in the presence of the witnesses and found small 550 rectangular pieces having LSD. The police weighed the pieces and found their weight to be 12.35 grams. The police arrested the petitioner and the other person. The paper pieces were sent to SFSL, Junga, and as per the report of the analyst, the presence of Lysergide (LSD) was detectued. The amount of LSD was found to be 47.79 mg per 11.525 go of LSD papers. The police filed the charge sheet. 10 witnessCes have been examined, and the statements of 11 witnesses are yet to be recorded. The matter is now listed on 04.09.2025 for recording the statements of prosecution witnesses.

Hence, the status report.

4. I have heard Mr. Monty Goel, learned counsel (through Video Conferencing), Ms. Rashmi Parmar, learned counsel (present in the Court) for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent/State.

5. Mr. Monty Goel, learned counsel for the petitioner, submitted that as per the report of the analyst, 47.79 mg per 11.525g LSD papers was found, which is less than the commercial quantity and the rigours of Section 37 of the ND&PS Act do not apply to the present case. The petitioner has been in custody since 12.09.2023, and the prosecution has failed to co