Back
2025 Supreme(Online)(HP) 7351
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
Anuj Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr.MP (M) No. 2151 of 2025
For the Appellants/Petitioners: Mr. Pankaj Mehta
For the Respondents: Mr. Mohinder Zharaick
A bail application can be granted if the contraband weight does not meet the commercial threshold despite the applicant's prior convictions.
Headnote:(A) Bharat Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail application made by accused during the pendency of trial concerning possession of contraband, where the quantity recovered did not fall under ‘commercial’ classification thereby altering the application of strict bail criteria - Court acknowledged prior criminal history but noted that appeal against the conviction was ongoing. (Paras 3, 20, 23)
(B) Bail - Pre-trial detention in criminal cases is not permissible unless necessary - Accused entitled to bail when investigation is complete and no purpose is served by further detention. (Paras 22, 23)
Facts of the case:
Accused, Anuj Sharma, was arrested under the NDPS Act for possessing 7.1 grams of heroin and claimed the amount was non-commercial. Previous FIRs against him included multiple convictions and acquittals, with ongoing appeal against one conviction.
Findings of Court:
Investigation complete, no justification for continued detention, bail granted on bond and conditions to ensure appearance and non-tampering of evidence.
Issues: Core question around the applicability of commercial quantity under NDPS Act and previous criminal history impacting bail decision.
Ratio Decidendi: Court determined the non-commercial weight of contraband supported a more lenient bail consideration, affirming the prohibition against punitive pre-trial detention.
Result: Bail application allowed under specific conditions.
| Table of Content |
|---|
| 1. applicant's assertion of innocence and non-commercial quantity of contraband. (Para 1 , 2) |
| 2. details surrounding prior convictions and investigations. (Para 3 , 4 , 5 , 6) |
| 3. legal considerations for granting bail based on custody and trial status. (Para 16 , 20 , 21) |
| 4. court's final decision and conditions for bail. (Para 22) |
| 5. final decision on bail application with stipulated conditions. (Para 23 , 24) |
Cr.MP (M) No. : 2151 of 2025 Reserved on : 18.09.2025 Decided on : 23.09.2025 Anuj Sharma …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. Pankaj Mehta, Advocate.
For the respondent : Mr. Mohinder Zharaick, Additional Advocate General.
Virender Singh, Judge Applicant-Anuj Sharma, 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.92 of 2024, dated 29.06.2024, registered, under Sections 21 , 25 and 29 of the Narcotic Drugs & Psychotropic Substances
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Kala Amb, District Sirmaur, H.P
2. According to the applicant, he is innocent person and has falsely been implicated by the Police, in this case, for allegedly possessing Chitta/Heroin, weighing
7.1 grams.
3. As per the applicant, the contraband allegedly recovered, in the present 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. It is the further case of the applicant that the investigation, in the present case, is complete. According to the applicant, he was arrested on 29.06.2024, in the present case and no useful purpose would be served by keeping him in the judicial custody, that too, for indefinite period.
5. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special Judge-II, Nahan, however, his application has been dismissed on 20.06.2025. Thereafter, he has filed Cr.MP (M) No.1905 of 2025, which was dismissed as withdrawn on 19.08.2025.
6. The applicant has also given the details of the following cases, registered against him:-
i) FIR No.55 of 2014, registered under Sections 457 and 380 of the IPC;
ii) FIR No.80 of 2017, registered under Section
39(1)(a) HP Excise Act;
iii) FIR No.142 of 2017, registered under Section 21 and 29 of the NDPS Act;
iv) FIR No.09 of 2018, registered under Section
506 IPC v) FIR No. 69 of 2022, registered under Section 21 of NDPS Act; and vi) FIR No.51 of 2023, registered under Section
147, 148, 149, 452 and 506 of the IPC.
7. Apart from this, Mr. Pankaj Mehta, 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. On the basis of the above facts, a prayer has been made to allow the application.
9. When put to notice, the police has filed the status report, disclosing therein, that on 29.06.2024, HC Babu Ram No.644, I.O. Detection Cell District Sirmaur, has submitted a rukka to Police Station, Kala Amb through Constable Vinod No.21, Detection Cell, Sirmaur, mentioning therein, that on 29.06.2024, he, along with other Police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotic substances, human trafficking, organ trafficking, forced labour, flesh trade and illegal mining, towards Dosarka, Sainwala, Moginand and Kala Amb side.
9.1. At about 05.00 p.m., when, the police party was present at a place known as Kattaghat Sainwala, near Kali Temple, then, the I.O. received a secret information that a young man and a lady, namely; Anuj Sharma @ Jatt (
