IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2393 of 2025 Reserved on: 16.01.2026 Date of Decision: 23.01.2026.

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Roshan Lal @ Vicky Don ...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 : M/s Rakesh Chaudhary & Panku Chaudhary, Advocates.

Forh the Respondent : Mr Ajit Sharma, Deputy Advocate General.

Rakesh Kainthla, Vacation Judge The petitioner has filed the present petition seeking regular bail in FIR No. 28 of 2024, dated 21.02.2024, registered at Police Station Nahan, District Sirmaur, H.P., for the commission of offences punishable under Section 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 20.02.2024. They received

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

secret information that Roshan Lal (the present petitioner) was transporting heroin in his vehicle bearing registration No. HR- 12Y-8814, and a huge quantity of heroin could be recovered by searching his vehicle. The police completed all the formalities, joined Harish Chander and Harinder Singh, and intercepted the vehicle bearing registration No. HR 12Y-8814. The petitioner was driving the vehicle. The police searched the vehicle and recovered a carry bag containinug 960 capsules of Parivon Spas Plus (each capsule containiong 325 Mg, Dicyclomine Hydrochloride IP 10 mg and TramaCdol Hydrochloride IP 50 mg. The police also recovered 22.92 grams of heroin from the vehicle’s dashboard. The police filed the chargesheet after completing the investigation. The material witnesses have been examined. The prosecution has Hfailed to complete the evidence within a reasonable time, which is violative of the petitioner’s constitutional right. The petitioner is a permanent resident of District Kurukshetra, and there is no chance of his absconding. The petitioner 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 bail.

3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 20.02.2024. They received secret information at about 6:20 p.m. that the petitioner was transporting the intoxicating drugs in his vehicle bearing registration No. HR-12Y-8814, and a huge quantity of capsules could be recovered by its search. The police reduced the information into writing and sent it to the Superintendent of Police, Nahan. The poulice joined Harish and Harinder and set up a Nakka. A vehicloe bearing registration No. HR-12Y-8814 reached the spot. CThe police stopped the vehicle. The petitioner was driving it. The police recovered 960 capsules of Parivon Spas Plus containing Tramadol and a polythene containing 22.92 grams of heroin. The police seized the heroin and capsules and arrested the Hdriver, Roshan Lal. The police checked his mobile phone and found the financial transaction with 15-20 persons through Google Pay. The police arrested Tej Pratap, Uchechukwau Emmanual, Rajwinder Kaur and Nitu Devi. The police filed the charge sheet before the Court. Statements of 18 witnesses have been recorded, and the matter was listed for recording the statements of the prosecution witnesses on 04.11.2025. FIR No. 440/12 dated 23.12.2012 was registered against the petitioner, and he was sentenced to life imprisonment and pay a fine of ₹10,000/-. The petitioner would indulge in the commission of similar offences and intimidate the witnesses in case of his release on bail. Hence, the status report.

4. I have heard M/s Rakesh Chaudhary and Panku Chaudhary, learned counsel for the petitioner, and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

5. Mr Rakesh Chaudhary, learned counsel for the petitioner,