Bail in narcotics cases requires meeting twin conditions under Section 37(b) of the NDPS Act, which were not satisfied in this instance.

Cr.MP(M) No. : 2170 of 2025 Reserved on : 17.09.2025 Decided on : 23.09.2025 Les Ram …Applicant Versus State of Himachal Pradesh ...Respondent Coram: o The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the Applicant : Mr. Vinod Kumar Sharma, Advocate.

For the Respondent: Mr. Varun Chandel & Mr. Mohinder Zharaick, Additional Advocates General, with Mr. Rohit Sharma & Ms. Ranjna Patial, Deputy Advocates General.

Viren der Singh, Judge Applicant-Les Ram has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 212 of 2023, dated 06.11.2023, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Bhuntar, District Kullu, H.P

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

2. According to the applicant, he is innocent person and has falsely been implicated, in this case, .at the instance of the police. According to him, no useful purpose would be served by keeping hHim in judicial custody.

3. As per the applicant, has further pleaded that the investigation, in the present case, is complete and despite the fact that he is in judicial custody, for the last two years, the trialu against him could not be concluded.

4. Thoe applicant has earlier tried his luck by moving similar application, bearing Cr.MP (M) No.1285 of 2025, before this Court, which was dismissed on

25.06.2025.

5. Apart from this, learned counsel 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.

6. On the basis of the above facts, a prayer has been made to allow the present application, as prayed for. 7. When, put to notice, the police has filed the status report, disclosing therein, that on 06.11.2023, ASI Mukesh Kumar, along with other police officials, was on patrolling duty and duty to detect the crime relating .to excise and narcotics and they proceeded towards the place known as Hathithan-Seund. H

7.1. On 06.11.2023 at about 6:45 PM, when, IO, along with the other police officials, was present at a place known as Seund on Manikaran road and was checking the vehicles passing from there, then, IO noticed a person, having a Pithu bagu (rucksack) coming on his foot, from Charod Nallao side. He on seeing the police party, got perplexed and tried to turn back and he threw the rucksack on the right side of the road and start moving in fast paces towards Charod Nalla side, upon which, ASI Mukesh Kumar, nabbed him at a distance of about 10 to

15 paces.

7.2. It is the case of the police that thereafter, the matter was enquired from the said person, as to why, he had thrown the bag, upon which, he got nervous. In the meanwhile, vehicle No.HP34F-3355 being driven by its driver reached there from Manikaran side, to whom, ASI Mukesh Kumar gave signal to stop the vehicle.

Consequently, the driver stopped the vehicle.

7.3. On inquiry, the said driver disclosed his name as Tikam Ram. IO apprised him about the factu.al position and requested him to be the independent witness, upon which, he has givenH his consent. Thereafter, the name and address of the person, who was nabbed, were ascertained.

7.4. It is the further case of the police that on enquiry, the person, who was nabbed, disclosed his name as Les Ram (applicuant). When, the bag, thrown by him, was checkedo, the same was found containing black coloured ball shaped, wrapped in plastic substance. On weighment, it was found to be 1 kg. 654 grams charas, which was taken into possession.

7.5. After c