IN THE HIGH COURT OF HIMACHAL PRADESH

SHIMLA

Cr.MP(M) No.3006 of 2025.

Reserved on:- 31.12.2P025

Date of Decision: 05.01.2026

Gaurav Sharma …Applicant

Versus

State of H.P. f …..Respondent

Coram: o

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

Whether approved for reptorting?1

For the applicant : Mr. Bhupinder Singh Ahuja,

uAdvocate.

For the respondent : Mr. Mohinder Zharaick,

Additional Advocate General, with Ms. Ranjna Patial and Ms. Avni Kochhar Mehta, Deputy Advocates General, assisted by ASI Rakesh Kumar, Police

h Station Sadar Una, District

Una, H.P.

g Virender Singh, Judge

By way of the present application, filed under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Gaurav Sharma has sought his release, on bail, during the pendency of the trial, arising out of FIR No.213 of 2024, dated 14.07.2024, registered under Sections 15 and 29-61-85 of the Narcotic Drugs & Psychotropic Substances Act

1 Whether reporters of Local Papers may be allowed to see the judgment?

(hereinafter referred to as the ‘NDPS Act’), with Police Station, Sadar Una, District Una H.P. .

2. According to the applicant, he is innocent person and has falsely been implicated, in this casHe.

3. As per the case of the applicant, rigors of Section 37 of NDPS Act, are not applicable, in this case, as nothing has been recovered from him and he has been implicated in this case, on the basis of the confessional statement of the other accused. u

4. Investigation, in the present case, is stated to have been completed and police has filed the charge sheet, in this case.

5. It is the further case of the applicant that the story of the police is not confidence inspiring and the istatement of the main accused cannot be used in evidence, unless, the same was made in the Court.

6. According to the applicant, there is no legally admissible evidence connecting him, with the crime in question.

7. On the basis of the above facts, the applicant has further pleaded that he has filed the Cr.MP(M) No.7 of 2025, which was dismissed as withdrawn on 07.01.2025. He has also filed bail application No.383 of 2024, before learned Special Judge-II, Una, District Una, H.P., which .was dismissed on 30.11.2024. Thereafter, he has moved another application No.44 of 2025, before the learnHed Special Judge- II, Una, District Una, H.P., which was also dismissed on 20.02.2025. Thereafter, the applicant has filed the bail application bearing Cr.MP(M) No.1066 of 2025, before this Court, which was again dismissed on 31.07.2025.

8. Apart furom this, Mr. Bhupinder Singh Ahuja, 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.

9. On the basis of the above facts, a prayer has been imade to allow the bail application.

10. When, put to notice, the police has filed the status report, disclosing therein, that on 14.07.2024, ASI Vinod Kumar along with other police officials, was on patrolling duty, as well as, to detect the crime relating to excise and narcotics and he was having his personal laptop with printer.

10.1. While on duty, when he was present near Jannat Hotel at Majara, then at about 8:50 PM, he received a s.ecret information that a truck bearing No.HP72C-4761, loaded with narcotic substance being driven byH Rahul Sharma is moving towards Nangal from Santoshgarh side. Said Rahul Sharma, is stated to had worn orange coloured T-shirt and green coloured striped lower. The said information was found to be authentic and reliable. As such, compliance of Section 42(2) of NuDPS Act, was done and the report was submitted to Superintendent of Police, Una. Thereafter, Ward Panch Kuldeep Singh was telephonically requested to be present on the spot, who reached, at the spot within 20 minutes. He was apprised about the secret information and thereafter, picketing was done. At about 9:15 PM, from iNangal side, as