IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP(M) No. 2980 of 2025

Decided on: 05.01.2026

Luxmi Dutt @ Laxmi Dutt @ Lakshmi Dutt …Applicant

Versus

State of Himachal Pradesh …Respondent

Coram

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

Whether approveud for reporting?

For the applicant : Mr. Panku Chaudhary, Advocate.

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

Rawat, Additional Advocates General, with Mr. Rohit Sharma and Ms.

h Ranjna Patial, Deputy Advocates

General.

Virender Singh, Judge ( ora l

H Applicant Luxmi Dutt @ Laxmi Dutt @ Lakshmi

Dutt has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 174 of 2024, dated 17.12.2024, registered under Sections 20 and 25 of the

Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND&PS Act) and Section 196 of Motor Vehicles Act, registered with Police Station Sadar Nahan, District Sirmaur, H.P.

2. According to the applicfant he is innocent person and has falsely been implicated in the present case.

3. According tot the applicant, he has no concern whatsoever with the crime in question. The story of prosecution is also stated to be doubtful and full of suspicion and police could not collect any evidence to connect the application, with the crime in question.

h4. Highlighting the fact that the personal search of gthe applicant was conducted in violation to the provisions of iSection 50 of ND&PS Act, according to him, ground of arrest has also not been supplied to him. The investigation of the present case is stated to be completed and out of 32 witnesses, only 14 prosecution witnesses have been examined.

5. On the basis of above facts, a prayer has been made that due to the long period of custody, the provisions of Section 37 of ND&PS Act, do not apply, in the present case. P 6. On the basis of above facts, a prayer has been made to allow the application.

7. When, put to notice, the police has filed the status report, disclosing therein, that on 17.12.2024, HC Rakesh Kumar No. 224, h as submitted a rukka to Police Station Sadar Nahanr, disclosing therein that on 17.12.2024, he along with other police officials proceeded on patrolling duty and duty to detect the crime relating to excise and narcotic etc. and moved from his office towards Jamta, Mahipur, Bechar-ka-Baag, Khari, Rajgarh etc.

7.1 They left SIU office at about 3:00 pm and when they were present near Durga Mata Mandir at Chakli, then, H at about 4:15 pm, he received a secret information regarding the indulgence of Luxmi Dutt resident of Chalana, Mahipur (applicant) in the business of selling charas and as per the information, said person on his motorcycle, No. HP71-7210, had started from his house to Nahan, along with a rucksack, in which, large quantity of charas is there and in case, said Luxmi Dutt (applicant) is intercepted and rucksack is checked, then, large quantity of conPtraband can be recovered.

7.2 According to the I.O., in case, he obtains the search warrant, in that eventuality, the contraband would be removed from there, as such, he prepared the information under Sectio n 42(2) of ND&PS Act and submitted the same tro Dy. S.P. Headquarter. Thereafter, he waited for some time for independent witness and after 10- 15 minutes, at about 5:00 pm, from the side of Mahipur, one tipper bearing No. HP16C-2015, came there. Only driver was in the tipper. He was stopped and was apprised about the information. He was requested to become independent witness. On enquiry, the driver disclosed his H name as Rohit son of Sh. Surinder Singh. I.O. associated, Rohit along with HC Babu Ram No. 644 and C. Vishal Surya No. 539 as independent witnesses and waited for Luxmi Dutt.

7.3 At about 5:15 pm, one person was found coming on motorcycle No. HP71-7210, which, with the help of other police officials, was got stopped. I.O. gave his personal search and meanwhil