IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) Nos. 1286 and 1287 of 2025 Reserved on: 16.6.2025 Date of Decision: 21.06.2025. 1. Cr.MP(M) No. 1286 of 2025 Hanish Thakur ...Petitioner Versus State of Himachal Pradesh ...Respondent

2. Cr.MP(M) No. 1287 of 2025 Saurabh ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?

For the Petitioner(s) : M/s. Hitender Thakur and Tamanna Rana, Advocates, for the Petitioner in both the petitions.

For the Respondent/State :Mr. Jitender Sharma, Additional Advocate General, in both the petitions.

Rakesh Kainthla, Judge Both the petitions have been filed for seeking regular bail in the same FIR; hence, these are being taken up together for disposal by way of a common judgment.

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

2. The petitioners have filed the present petitions seeking regular bail in FIR No. 30 of 2025, dated 04.03.2025, for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short “NDPS Act”) and Section 111 of Bhartiya Nyaya Sanhita, 2023 (in short “BNS”), registered at Police Station, Rampur Bushahr, District Shimla, H.P.

3. It has been asserted that the police apprehended Sohan Lal and Geeta Sreshta near Kudidhar and recovered 26.68 grams of heroin from their possession. The police checked their call details record and the account statements and found that the petitioners had sent ₹ 1,03,050/- to the bank accounts of Sohan Lal and other co-accused; hence, the police arrested the petitioners. The petitioners are innocent, and they were falsely implicated in the present FIR. They have nothing to do with the recovery of the contraband from the main accused. No prima facie case is made out against the petitioners, and they have been implicated based on the UPI transaction and call detail records. The petitioners have been behind the bars since 29.03.2025. No fruitful purpose would be served by detaining them in custody.

The petitioners would abide by the terms and conditions which the Court may impose. Hence, the petitions.

4. The petitions are opposed by filing status reports asserting that the police party was on patrolling duty on 03.03.2025. They found a vehicle bearing Registration No. T1124- HP7712N, parked on the roadside. The police went to the vehicle. The driver of the vehicle identified himself as Sohan Lal, and the lady sitting beside him identified herself as Geeta Sreshta. The police searched the vehicle and recovered a polythene packet containing 26.68 grams of chitta/heroin. The police seized the chitta/heroin and arrested the occupants of the vehicle. The call details of Sohan Lal and Geeta Sreshta were obtained, and their bank account details were checked. It was found that Sohan Lal had ₹3,26,639.41/- in his bank account and Geeta Sreshta had ₹1,19,498.52/- in her account. ₹45,61,780/ were credited to the account of Sohan Lal between 01.01.2023 to 04.03.2025, whereas ₹45,35,780/- were debited from his account maintained in the Central Bank of India. Further, ₹17,10,260/- were credited to his bank account maintained in Punjab National Bank, Branch Manali (Kullu) between 01.01.2023 and 04.03.2025. They revealed on inquiry that this money was obtained by them through the sale of chitta/heroin. The police arrested Adital Rathore, Gagan Thakur, Raj Kumar Mehta, Rajan Mehta, Sanjeev Sharma, Kushal Chauhan, Ujjawal Pandit, Mohit Aggrawal & Naveen Chauhan on 21.03.2025 for the commission of an offence punishable under Section 29 of the NDPS Act. They were in touch with Sohan Lal and had transferred a huge amount to his account. Sohan Lal was running an organised crime syndicate. Hence, Section 111 of BNS was also added. The police arrested Ritik Jistu, Pushpendra, Pawan Chhetri, Digambar Singh, Dheeraj Sharma, Vipul, Honey Lal, Raman Kaith, Shashi Kumar, Dharam Sen @Kaku, Hukam