IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MP(M) No. 2943 of 2025

Decided on : 16.12.2025

Suresh Chand …Applicant

Versus f

State of H.P.

…Respondent

Coram

The Hon’ble Mr. Jusutice Virender Singh, Judge.

Whether approved for reporting?1

For the Applicant : Applicant in person with Mr.

Arvind Sharma, Advocate.

For the respondent : Mr. H.S. Rawat, Addl. A.G.

with Ms. Rohit Sharma, Dy.

A.G.

Virender Singh, Judge (oral )

The applicant has filed the present

application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 66 of 2025, dated 18.11.2025, registered under Sections 20, 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’), with Police Station,

Shillai, District Sirmour, H.P.

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

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above- mentioned case, as, he is apprehending his arrest, in the said case.

3. According to the applicant, he is innocent person and has falsely been implicated in the present case.

4. According to the applicant, other accused, after their arrest, have named him, whereas, he had lent a sum of Rs. 55,000/- to Ram Chand. Out of said loan, Ram Chand had returned a sum of Rs. 10,000/- on 7.8.2025 and Rs. 45,000/- on 18.11.2025, through G Pay. All these facts have been pleaded to demonstrate that he has no role to play in the crime in question.

5 The applicant has tried is luck by moving bail application, before the learned Special Judge-I, Sirmour District at Nahan, however, the same has been dismissed on 15.12.2025.

6. The applicant has given certain undertakings, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS.

7. On the basis of above facts, applicant has sought the relief, as claimed in the present bail application.

8. When, put to notice, the Police has filed the statu s report, disclosing therein, that on 18.11.2025, Constable HC Pramod No. 74 has submitted a ruqua to Police Station, Shillai, disclosing therein that on the aforesaid date, he alongwith, other police officials, was on patrolling duty, as well as, duty to detect the crime, relating to excise and narcotics. At about 2:05 a.m., one car was coming from Ronhat and moving towards Shillai. The I.O. signalled to stop the vehicle, upon which, the driver of the said car stopped the car on the wrong side of the road. Two persons were found sitting in the car. The registration of the car was found to be HP01N0502. The person, who was sitting by the side of the driver, was having a carry bag in his lap. Both the persons got perplexed, upon which, the IO inquired from the person, sitting on the conductor side about the contents of the carry bag and also inquired from the driver as to why he has parked the car on the wrong side of the road. Both the persons could not give any satisfactory answer to the query put by the I.O., upon which, the I.O. developed a susp icion that the carry bag, held by person, sitting on the conductor seat, might be containing some objectionable item. As such, he has decided to search the car and the bag.

8.1 Since, it was odd hours of the night, as such, no person was found there, upon which, a police official, telephonically apprised the Up-Pradhan of Shiri Kiari and requested him to come present to the spot. At about 2:20 a.m., the Up-Pradhan, alongwith one another local person, namely Kali Ram came there. Both of them were associated in the investigation as independent witnesses. In the presence of independent witnesses, names and addresses of the occupants of the car were inquired. On inquiry, one person has disclosed his name as Ram Chander, whereas, the other person has disclosed his name as Tula Ram. Thereafter, the carry bag was searched