IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP(M) No. 2767 of 2025 Reserved on : 05.12.2025 Decided on : 09.12.2025 Ruby …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Mr. Vinod K. Gupta and Ms.

Shwetima Dogra, Advocates.

For the respondent : Mr. Tejasvi Sharma & Mohinder Zharaick, Additional A.Gs. with Ms.

Ranjna Patial, Deputy A.G.

Virender Singh, Judge Applicant-Ruby has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing her, on bail, during the pendency of the trial, arising out of FIR No. 73/2024, dated 20.04.2024, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Damtal, District Kangra, H.P.

2. According to the applicant, she is innocent person and has falsely been implicated, by the police, in this case. According to her, she has no concern, whatsoever, with the crime, for which, she had been named, as accused and arrested.

3. As per the applicant, she is the sole bread earner of the family and is the only support of her family.

4. The applicant has pleaded that she has been arrested in this case on 21.04.2024 and investigation against her had already been completed.

5. According to the applicant, apart from the present case, five other cases have been registered against her, particulars of which, have been mentioned in para No.

8 of the application, which are reproduced, as under:- 1. FIR No. 48 of 2019, dated 20.11.2019, under Section 21 & 29 of ND&PS Act, at Police Station Nangalbhoor, District Pathankot, Punjab;

2. FIR No. 197 of 2020, dated 25.12.2020, under Section 21 & 29 of ND&PS Act, at Police Station Damtal, District Kangra, H.P.;

3. FIR No. 38 of 2021, dated 13.05.2021, under Sections 21 & 29 of ND&PS Act, at Police Station Brahampur, District Gurdaspur, Punjab;

4. FIR No. 93 of 2022, dated 20.05.2022, under Section 21 of ND&PS Act, at Police Station Damtal, District Kangra, H.P.; and

5. FIR No. 70 of 2022, dated 19.04.2022, under Section 21 & 25 of ND&PS Act, at Police Station Damtal, District Kangra, H.P.

6. The applicant has earlier tried her luck by moving application before this Court, bearing Cr. MP(M) No. 1997 of 2025, which was withdrawn on 01.09.2025. Thereafter, she has preferred the application before the Court of learned Special Judge, Nurpur, District Kangra, H.P., however, said application has been dismissed on

07.11.2025.

7. The contraband allegedly shown to be recovered in the present case, according to the applicant, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the ND&PS Act are not applicable, in the present case.

8. On the basis of the grounds as taken in the bail application, 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.

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

10. When, put to notice, the police has filed the status report, disclosing therein, that on 20.04.2024, HC Dinesh Kumar No. 46, I.O. CIA Nurpur, had submitted a rukka to Police Station Damtal, disclosing therein that on 20.04.2024, I.O. along with other police officials, was on patrolling duty and duty to detect crime relating to excise and narcotics. At about 5:00 pm, on 20.04.2024, when he was present at place known as Indora Mod, then, he received a secret information regarding involvement of Ruby wife of Ajay Kumar, resident of Village & Post Office Chhanni, Tehsil Indora, District Kangra, H.P. (applicant) in the business of selling heroin/chitta, at her residence. As per the information, if the said house is searched/raided, then, large quantity of chitta/heroin coul