IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. : 2689 of 2025 Reserved on : 20 ^th November, 2025 Decided on : 25 ^th November, 2025 Shubham Kashyap …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. Lalit Kumar Sehgal, Advocate.

For the respondent : Mr. Tejasvi Sharma and Mr. H.S.

Rawat, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, assisted by ASI Piar Singh, Police Station, West Shimla, District Shimla, H.P.

Virender Singh, Judge Applicant-Shubham Kashyap, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, arising out of FIR No.159/2025, dated 16^th September, 2025, registered with Police Station, West

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

Shimla, District Shimla, H.P., under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

2. According to the applicant, he is innocent person and has falsely been implicated and arrested, by the Police, in this case and presently, lodged in Sub-Jail, Kaithu.

3. It is the further case of the applicant that 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. As per the applicant, investigation, in the present case, is complete and no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period.

5. According to the applicant, apart from the present case, FIR No. 22 of 2024, dated 20.03.2024, under Sections 21 and 29 of the NDPS Act and FIR No.72/18 dated 17.06.2025, under Sections 341, 323, 506, 34 IPC, registered with Police Station East (Chhota Shimla), have also been registered against him. Trial of these two cases is stated to be pending.

6. The applicant has earlier tried his luck, by moving similar application, before the Court of learned Special Judge, Shimla, however, his application has been dismissed on 31.10.2025.

7. Apart from this, Mr. Lalit Kumar Sehgal, 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 16.09.2025, ASI Sunil Kumar, I.O. SIU, Shimla, has submitted a rukka to Police Station West Shimla, mentioning therein, that on 16.09.2025, he, along with other police officials, was on patrolling duty and duty to detect crime, towards old Bus Stand and Boileauganj etc., side.

9.1. At about 8.20 p.m., when, the I.O. was present at Boileauganj crossing, then, he received a secret information about the fact that Taxi No.HP01A-6165, being driven by Shubham Kashyap (applicant), is coming from Chandigarh to Shimla. Said Shubham Kashyap is carrying Chitta/Heroin with him and in case, the said vehicle is intercepted, then, large quantity of contraband, i.e. Chitta/

Heroin, could be recovered.

9.2. The said information was found to be authentic and reliable. According to the I.O., in case of delay, the contraband, could be removed from there. As such, information under Section 42(2) of the NDPS Act, was prepared and submitted to the superior officer, through Constable Ajay Kumar No.1310.

9.3. Thereafter, the police party had put the picketing at Boileauganj crossing. Thereafter, the I.O. and other police officials stopped the vehicles crossing therefrom and the drivers were requested for being associated in the police proceedings. There was no house or shop near the sp