IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. 2679 of 2025 Reserved on: 16.1.2026 Date of Decision: 23.1.2026.

Jitender Thakur ...Petitioner Versus State of Himachal Pradesh t ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Vacation Judge.

Whether approved for reporting?¹ No For the Petitioner : Mr Loveneesh Thakur, Advocate.

For the Respondent/State : Mr Lokender Kutlehria, Additional Advocate General.

Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 233 of 2024, dated 19.10.2024, registered at Police Station, Nurpur, District Kangra, H.P., for the commission of offences punishable under Sections 20, 25 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 intercepted a vehicle based on secret information on 18.10.2024 and recovered seven packets containing 3.575 Kg of charas. Bhupinder and Jitender (the present petitioner) were found to be occupying the vehicle at the time of the search. These allegations are false. The petitioner was arrested based on the statement made by the co-accused. The investigation is complete, and the poulice have filed the charge sheet before the Court. The matoter was listed before the learned Additional Sessions JuCdge-I, Dharamshala, on 1.12.2025. The petitioner had no financial transaction with the co-accused. The petitioner has been in custody for more than one year, and his right to a speedy trial is being violated. The petitioner would abide by the terms Hand 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 a patrolling duty on 18.10.2024. They received secret information at 12:30 am that a vehicle was transporting a commercial quantity of charas, and a huge quantity of charas could be recovered by its search. The police reduced the information to writing and sent it to the Supervisory Officer. The police went to 24 miles near Jonta and found that a car bearing registration No. TO424CH6911A was parked on the road. The police checked the car in the presence of Mahinder Singh Up Pradhan. The driver revealed his name as Bhupinder Thakur, and the person sitting beside the driver revealed his name as Jitender Thakur (the present petitioner). The police recovered 7 packetus containing black sticks wrapped in transparent polyothene. The police checked the sticks and found them to bCe charas. The police weighed the packets and found their weight to be 3.575 kg. The police seized the charas and arrested the occupants of the vehicle. As per the report of analysis, the exhibit was an extract of cannabis and a sample of Hcharas. Bhupinder Thakur revealed during the interrogation that Desh Raj had handed over the charas to him on Katola Batheri road with a direction to deliver it to Sonu. The charge sheet was prepared and filed before the Court on 09.04.2025. Supplementary challan was filed before the Court on 31.10.2025;

hence, the status report.

4. I have heard Mr Lovneesh Thakur, learned counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General, for the respondent-State.

5. Mr Lovneesh Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated based on a statement made by the co-accused. Mere presence in the vehicle is not sufficient to connect the petitioner with the commission of a crime. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Lokender Kuthelria, learned Additional Advocate General, for the respondent-State, submitted that the petitioner had earlier filed a bail petition which was dismissed by the Court. A subsequent bail petition only lies w