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2025 Supreme(Online)(HP) 7226
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Hitesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr.MP (M) No. : 2282 of 2025
For the Appellants/Petitioners: Mr. Sahil Thakur, Ms. Supriya Chaudhary
For the Respondents: Mr. Mohinder Zharaick, Mr. Rohit Sharma
Bail granted due to insufficient evidence of commercial quantity and presumption of innocence until proven guilty.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21 and 29 - Bail - Grant of bail during pendency of trial sought, contending that the quantity of contraband does not fall under commercial quantity, and earlier co-accused granted bail - Court assesses presumption of innocence and completeness of investigation, allowing bail. (Paras 18, 20)
(B) Pre-Trial Punishment - Bail application cannot be rejected merely as a punishment before trial, emphasizing the need for due process and rights of the accused. (Paras 16, 18)
Facts of the case:
The applicant sought bail under the NDPS Act for the recovery of 28 grams of Heroin, claiming false implication and that his co-accused has received bail. Multiple pending cases against the applicant were highlighted. Loan applications raised issues of fairness in pre-trial settings, as opposing counsel discussed multiple ongoing cases.
Findings of Court:
The Court notes that the contraband does not amount to a commercial quantity, allowing for bail under strict conditions. The presumption of innocence remains paramount until proven guilty at trial, and previous involvement alone does not negate bail chances.
Issues: The court addressed the relevance of the commercial quantity definition, the validity of prior case registrations, and the presumption of innocence until proven guilty.
Ratio Decidendi: The Court found that the applicant's arguments warranted bail due to the assessment that the contraband did not classify as commercial, and insufficient grounds were present to deny bail based on prior cases. The Court emphasized that pre-trial punishment is not permissible under law.
Result: Bail application allowed.
| Table of Content |
|---|
| 1. summary of applicant's bail application and previous cases. (Para 1 , 6) |
| 2. sentences emphasizing the applicant's innocence and arguments for the necessity for bail. (Para 2 , 4 , 5) |
| 3. arguments for bail based on innocence and contraband quantity. (Para 8) |
| 4. description of the police investigation and evidence against the applicant. (Para 10 , 11) |
| 5. discussion on legal principles including presumption of innocence and trial processes. (Para 15 , 18) |
| 6. highlighted reasoning regarding the amount of contraband and bail conditions. (Para 17 , 19 , 20) |
| 7. court's observations on the necessity of bail. (Para 21 , 22) |
Cr.MP (M) No. : 2282 of 2025 Reserved on : 24.09.2025 Decided on : 26.09.2025 Hitesh Kumar …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. Sahil Thakur & Ms. Supriya Chaudhary, Advocates.
For the respondent : Mr. Mohinder Zharaick, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General.
Virender Singh, Judge Applicant-Hitesh Kumar, 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 trial, arising out of FIR No.100 of 2025, dated 13.05.2025, registered, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
(hereinafter referred to as the ‘NDPS Act’), with Police Station Sundernagar, District Mandi, H.P
2. According to the applicant, he is innocent person and has falsely been implicated in the present case. 3. As per the applicant, investigation, in the present case, is complete and the police has filed the charge-sheet.
4. It is the further case of the applicant that his co-accused has also been enlarged on bail by the learned Special Judge, Sundernager. As such, the relief of bail has also been sought on the ground of parity.
5. According to the applicant, the contraband allegedly shown to have been recovered as 28 grams of Heroin, 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.
6. It has also been pleaded, in the application, that except the present case, six other cases have also been registered against the applicant, details of which are reproduced, as under:-
i. FIR No.275/2023, dated 08.11.2023, under Sections 279, 337, 304-A IPC in Police Station Balh, District Mandi, H.P.
ii. FIR No.16/2024, dated 06.02.2024, under Sections 279, 337, in Police Station Balh, District Mandi, H.P.
iii. FIR No.20/2024, dated 09.02.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Balh, District Mandi, H.P.
iv. FIR No.45/2024, dated 01.05.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Mehatpur, District Una, H.P.
v. FIR No.184/2024, dated 13.08.2024, under Sections 21 and 29 of the NDPS Act, in Police Station Sadar Bilaspur, H.P.
vi. FIR No.78/2025, dated 30.03.2025, under Sections 21 and 29 of the NDPS Act, Police Station Balh, District Mandi, H.P.
According to the applicant all the above cases are pending adjudication
7. The applicant has also tried his luck by moving similar application, before learned Special Judge, Sundernagar, District Mandi, however, his application was dismissed on 31.07.2025.
8. Apart from this, Mr. Sahil Thakur and Ms. Supriya Chaudhary, Advocates, appearing for the applicant, have given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail, during the course of the trial.
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 13.05.2025, HC Hans Raj No.76, I.O. SIU Sub Division S
