IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP (M) No. : 2346 of 2025 Reserved on : 14^th October, 2025 Decided on : 20th November, 2025 Rakesh Kumar …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved fuor reporting?1 For the applicant : Mr. H.S. Rana, Advocate.

For the respondent : Mr. Tejasvi Sharma, Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Rohit Singh No.55, Police Station Nalagarh, District Solan.

Virender Singh, Judge Applicant–Rakesh 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 pendnecy of trial, arising out of FIR No.105 of 2024, dated 25.04.2024, registered under Section 21 of the

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Nalagarh, District Solan, H.P

2. According to the applicant, he has been named as accused and arrested by the Police in the said case on

25.04.2024.

3. As per the applicant, he has no connection with the contraband, shuown to be recovered by the Police, in this case. o

4. CThe applicant has termed the FIR registered against him, as false, registered, on the basis of concocted facts, by asserting the fact that he is an innocent person.

5. It is the further case of the applicant that investigation, in the present case, is complete, as the Police has filed the charge-sheet against him, which is pending in the Court of learned Sessions Judge, Solan. Hence, his custodial interrogation is no longer required.

6. Apart from this, learned counsel 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.

7. On the basis of the above facts, a prayer has been made to allow the application.

8. When put to notice, tfhe police has filed the status report disclosing therein, that on 25.4.2024 HC Rakesh Kumar No.42, I.O.,t along with other police officials, had left Police Post Dabhota, for patrolling duty towards Bhatiyan, Jhiriwala side.

8.1. At about 6.30 p.m., the I.O, along with other police officials, was present on the link road from Jhiriwala tho Bhatiyan, then, the I.O, noticed a person coming on foot gfrom Jhiriwala side and he was moving towards Bhatiyan iside, having blue coloured carry bag in his hand. On seeing the Police vehicle on the spot, the said person, at once, turned towards Katcha path in the fields and had started to run away. His activities raised suspicion, as such, driver was directed to stop the vehicle and with the help of other police official, the said person was nabbed.

8.2. On inquiry, the said person has disclosed his name as Rakesh Kumar (applicant). Thereafter, a passer-

by, who has disclosed his name as Balwinder Singh, was also apprised about the facts and was requested to associate the police party as independent witness. In the presence of said Balwinder Singh, when, the I.O. inquired from Rakesh Kumar (applicant) abofut the carry bag, he has disclosed that the said carry bag was containing medicines. t

8.3. On checking the same, it was found containing another black coloured polythene envelope in it, which, on opening, was found to be containing 16 strips, having 60 tablets, in each strip and 9 small strips, having 40 tablets, ihn each strip, total 1320 tablets of Diphenoxylate gHydrochloride & Atropine Sulphate.

i8.4. The applicant could not produce a valid document/licence to carry those 1320 lomotil tablets. As such, all the tablets were put into the same packet and were sealed with 3 seals of seal having impression ‘M’.

8.5. Consequently, the said contraband was taken into possession and rukka was sent to t