IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MP(M) No. 2912 of 2025

Reserved on: 12.1.2026

Date of Decision: 16.1.2026.

_____________________________________ Jagdish Kumar ...Petitioner

Versus

State of Himachal Pradesh ...Respondent

Coram

Hon’ble Mr Justice Rakesh Kainthla, Vacation Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr K.B. Khajuria, Advocate.

For the Respondent : Mr Pushpender Singh Jaswal,

Additional Advocate General.

Rakesh Kainthla, Judge

The petitioner has filed the present petition seeking

regular bail in FIR No. 21 of 2025, dated 13.3.2025, registered at Police Station Jubbal, District Shimla, H.P., for the commission of offences punishable under Sections 21, 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS

Act).

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

2. It has been asserted that, as per the prosecution, 228 grams of heroin were recovered by the police. The police arrested the petitioner. The investigation is complete, and the charge sheet has been filed before the Court. Statements of some witnesses have been recorded. The quantity of heroin stated to have been recovered by the police is intermediate, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The petitioner belongs to a reputed family and has deep roots in society. There is no likelihood of his absconding, if released on bail. The prosecution has cited 33 witnesses, and the trial is likely to take some time for its conclusion. The petitioner would abide by the terms and conditions that the Court may impose. Hence, the petition.

3. The petition is opposed by filing a status report, asserting that the police were on patrolling duty on 13.3.2025 at Patsari. They received a secret information at 11.30 AM that a vehicle bearing registration No. PB-07-AB-5288 was transporting a huge quantity of heroin. The information was credible, and any delay in procuring the warrant could have led to the destruction of the heroin. Hence, the information was reduced into writing and was sent to Sub Divisional Police Officer (SDPO), Rohru. The police associated Harish Chajta, Up-Pradhan, Gram Panchayat Sarswatinagar and set up a naka. The vehicle bearing registration No. PB-07-AB-5288 reached the spot at 1.08 PM. The driver took the vehicle towards the link road; however, the police intercepted it. The driver identified himself as Raj Kumar. The person sitting in the front seat identified himself as Jagdish Kumar, and the person sitting on the rear seat identified himself as Jitender Kumar. The police checked the vehicle and recovered two packets containing 228 grams of heroin. The police arrested the occupants of the vehicle who were going to sell the heroin to Kapil Rajta. The police also arrested him. He disclosed the names of Kulwant and Raj Kumar and the police also arrested them. Boota Singh was also arrested based on the financial transactions. Heroin was sent to the SFSL, Junga and as per the result of the analysis, it was found to be a sample of Diacetylmorphine (Heroin). The police filed the charge sheet and the matter was listed for recording the statements of the prosecution witnesses on 24.12.2025. Hence, the status report.

4. I have heard Mr K.B. Khajuria, learned counsel for the petitioner and Mr Pushpender Singh Jaswal, learned Additional Advocate General for the respondent/State.

5. Mr K.B. Khajuria, learned counsel for the petitioner, submitted that the petitioner is innocent and has been falsely implicated. There is no material on record to connect him to the commission of the crime. The quantity of heroin stated to have been recovered by the police is intermediate, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The petitioner would abide by the terms and conditions that the Court may impose. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Pushpender Singh Jaswal, le