IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 20 of 2026 Reserved on: 16.01.2026 Date of Decision: 23.01.2026.

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Sher Singh ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Vacation Judge.

Whether approved for reporting?

For the Petitioner : Mr Vivek Thakur, Advocate.

For the R espondent/State : Mr Prashant Sen, Deputy h Advocate General, assisted by ASI Surinder Kumar, IO, PS g Joginder Nagar, Mandi, H.P.

Rakesh Kainthla, Vacation Judge The petitioner has filed the present petition seeking regular bail in FIR No. 45 of 2025, dated 28.02.2024, registered at Police Station Joginder Nagar, District Mandi, H.P., for the commission of offences punishable under Sections 18, 20 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, the police received secret information on 28.02.2025 that the petitioner, Ganga Ram and Mani Ram were transporting contraband at Gugli Khad. A huge quantity could be recovered from their possession. The police reached the spot and recovered 3.011 kgs of charas and 310 grams of opium from Ganga Ram and Mani Ram. The police arrested the petitioner and the co-accused. The allegations madue in the FIR are false. No recovery was effected from thoe petitioner. The petitioner is innocent. He is a resident ofC District Mandi. He has roots in society, and there is no chance of his absconding. He would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on Hbail.

3. The petition is opposed by filing a status report asserting the police party was patrolling on 28.02.2025 at Jogindernagar Bus Stand, where Constable Bunty Jamwal informed them that he had apprehended three persons at Gugli Khad in suspicious conditions. The police reached the spot where they met Constables Manish Kumar and Ashok Kumar. They had apprehended three persons, who revealed their names as Ganga Ram, Mani Ram and Sher Singh. Ganga Ram had a black backpack with him. The Police searched the backpack in the presence of Rakesh Kumar and Arshad Mohammad and recovered 3 kilograms and 11 grams of charas and 310 grams of opium. The police seized the charas and opium and arrested Ganga Ram, Mani Ram and Sher Singh. The police interrogated them, and Ganga Ram revealed that he had concealed 2.109 Kilograms of Charas, which he could recover. Heu led the police to the spot, and the police recovered 2.109 okilograms of Charas. The police seized the charas. It was fouCnd during the investigation that charas was to be delivered to Gaurav alias Jolly. The police arrested Gaurav @ Jolly, who revealed during the investigation that he and Ravinder alias Shyamu used to purchase charas and opium from Ganga HRam and other persons. He also named Nitish Kumar as his associate. Police also arrested Ravinder Kumar and Nitish. The police filed a chargesheet before the Court after the completion of the investigation. The petitioner would indulge in the commission of a similar offence in case of his release on bail. He would intimidate the witnesses. Hence, it was prayed that the present petition be dismissed.

4. I have heard Mr Vivek Thakur, learned counsel for the petitioner and Mr Prashant Sen, learned Deputy Advocate General for the respondent/State.

5. Mr Vivek Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. No recovery was effected from the petitioner, and the petitioner was apprehended based on suspicion. The police have filed the chargesheet before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Prashant Sen, learne