IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP (M) No. : 2888 of 2025

Decided on : 16.12.2025

Sahil Khan …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. Rakesh Chaudhary and Mr.

Panku Chaudhary, Advocates.

For the respondent : Mr. Tejasvi Sharma, Mr. Mohinder

Zharaick, Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Vikas Chaudhary No. 01, Police Station Paonta Sahib, District Sirmour, H.P.

Virender Singh, Judge

Applicant-Sahil Khan 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 trial, arising out of FIR No. 206 of 2025,

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

dated 12.09.2025, under Sections 15 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Paonta Sahib, District Sirmour, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, by the police, in the present case. According to him, he has no connection, whatsoever, with the offences, for which, he has been named as accused, as well as, arrested, by the police.

3. As per the applicant, the alleged recovery does not fall within the definition of commercial quantity, as such, rigors of Section 37 of ND&PS Act are not applicable.

Investigation is also stated to be complete, in this case.

4. The applicant has earlier tried his luck by moving bail application No. 114 of 2025, before learned Special Judge, Paonta Sahib, District Sirmour, H.P., however, his application has been dismissed, vide order dated 25.10.2025. Thereafter, the applicant has filed bail application bearing Cr.MP(M) No. 2789 of 2025, before this Court, which was withdrawn due to some technical defect in the application, with liberty to file afresh, vide order dated 03.12.2025.

5. Apart from the present case, following three other cases are pending against the applicant:-

1. FIR No. 120 of 2017, dated 04.12.2017, under Sections 341, 143 of IPC, Police Station Majra, District Sirmaur, H.P.;

2. FIR No. 175 of 2019, dated 08.06.2019, under Sections 341, 323, 143 of IPC, Police Station Puruwala, District Sirmaur, H.P.; and

3. FIR No. 114 of 2024, dated 22.07.2024, under Section 20 of ND&PS Act, Police Station Puruwala, District Sirmaur, H.P.

6. On the basis of the above facts, Mr. Rakesh Chaudhary and Mr. Panku Chaudhary, learned counsel appearing for the applicant, have given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail, during the pendency of the trial.

7. When put to notice, the police has filed the status report, disclosing therein, that on 12.09.2025, HC Anil Tomar No. 645, I.O., Special Detection Team, Sub Division Paonta Sahib, along with other police officials, was on patrolling duty, as well as, duty to detect the crime relating to excise etc. in the area of Sub Division Paonta Sahib. At about 2:45 pm, while on patrolling, when he reached at Behral forest, near Lal Dhank, then, he received a secret information qua the fact that at Lal Dhank near Haryana border, in the area of Himachal Pradesh, a white coloured Swift car bearing temporary No. T0925HP5600J, has been parked.

7.1 As per the information, three persons namely, Lovepreet @ Punjabi son of Praveen Kumar, resident of Amritsar; Ankush son of Praveen Kumar, resident of Amritsar; and Sahil Khan son of Sharafat Ali (applicant), resident of Puruwala, were selling bhukki/chura-post, to the truck drivers, there and in case, they were nabbed, large quantity of bhukki/chura-post could be recovered.

7.2 According to the I.O., in case, he obtains search warrants or authorization letter, in that situation, delay could be c