IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CrMP(M) No. : 2843 of 2025 Reserved on : 11.12 .2025 Decided on : 17.12.2025

Rahul @ Roli …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. Vijender Katoch, Advocate.

For the respondent : Ms. Ranjna Patial, Deputy Advocate

General, assisted by HC Sunil Kumar, No. 97, Police Station

Kangra, H.P.

Virender Singh, Judge.

Applicant-Rahul alias Roli has filed the present

application, under Section 483 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), seeking his release on bail, during the pendency of trial, arising out of FIR No. 212 of 2024, dated 6^th December, 2024,

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

registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Kangra, District Kangra, H.P.

2. According to the applicant, he is innocent and has nothing to do with the offence, as he has falsely been implicated, in this case.

3. It is the case of the applicant that he is innocent and has nothing to do with the alleged offence.

4. According to the applicant, nothing material remains to be recovered from him, or at his instance, as, the investigation, in the present case, is complete.

5. The relief of bail has also been sought on the ground that the contraband 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.

6. According to the applicant, he had earlier tried his luck by moving similar applications, before this Court and the learned trial Court, however, the same were dismissed.

7. Apart from this, the applicant has given the details of the cases, which have been registered against him, as under:

(i) FIR No. 256/2018, dated 21.10.2018, registered under Sections 21 and 29 of NDPS Act, with Police Station Kangra, District Kangra, H.P., which is pending before the learned ACJM, Kangra;

(ii) FIR No. 108/2021, dated 28.08.2021 registered under Sections 21 and 29 of NDPS Act, with Police Station Kangra, which is pending before the learned JMIC Kangra;

(iii) FIR No. 53/2024, dated 02.03.2024, registered under Sections 21 and 29 of NDPS Act, with Police Station Kangra, H.P., which is pending adjudication beofre the learned ADJ-III, Kangra at Dharamshala.

8. According to the applicant, he has not been convicted in any of the cases, registered against him.

9. It is the further case of the applicant that even, on the ground of parity, he is entitled to be released on bail, as his co-accused has already been released on bail, by this Court, vide order, dated 3^rd November, 2025, passed in CrMP (M) No. 2549 of 2025, titled as Brijesh versus State of Himachal Pradesh.

10. On the basis of the above facts, Mr. Vijender Katoch, 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, he is ordered to be released on bail, during the pendency of the trial.

11. When put to notice, the police has filed the status report, disclosing therein, that on 6^th December, 2024, HC Rajneesh Kumar, No. 129, Investigating Officer of Police Station, Kangra, submitted a rukka to Police Station, Kangra, for registration of the FIR, mentioning therein, that he, along with the other police officials, in his private vehicle, was on patrolling duty and duty to detect the crime relating to excise and narcotics drugs. While, on patrolling duty, when he alighted down from his private vehicle and was present near I&PH, Rest House to Natehad (Chheb) Kangra road, then, at about 10:45 a.m., he noticed a white coloured car, parked at a secluded place. Clothes were found to be kept over it, hence, a suspicion had been developed in the mind of the IO, as such, he, alon