IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. 2720 of 2025 Reserved on: 16.1.2026 Date of Decision: 23.1.2026.

Chaman Lal ...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 Chetan, Advocate, vice Mr Arun Sehgal, Advocate.

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

Rakesh Kainthla, Judge The petitioner has filed the present petition for regular bail in F.I.R. No. 89 of 2025, dated 9.7.2025, registered at Police Station, Jawali, District Kangra, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).

2. It has been asserted that co-accused Kishori Lal and Vinay Kumar were apprehended with 2 kilograms and 84 grams

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

of charas. The police implicated the petitioner based on the telephone calls and the relationship with the co-accused. No recovery was effected from the petitioner. The petitioner has been in custody since 11.7.2025. Ten FIRs were registered against the petitioner, and the petitioner was acquitted in three FIRs; the remaining FIRs are pending before the Courts. The police have filed the charge sheet before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. 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 8.7.2025. They received secret information at 1.20 AM that Kishori Lal and Vinay Kumar were waiting for someone in a vehicle bearing registration No. PB-08-CC-4977 with charas, and a huge quantity of charas could be recovered by searching the vehicle. The police reduced the information into writing and sent it to the Sub Divisional Police Officer, Jawali. The police associated Sohan Lal and Pawan Kumar and went to 32 Mile near Gaurav Hotel, Jawali where a vehicle bearing registration No. PB-08CC- 4977 was parked. The driver identified himself as Vinay Kumar, and the person sitting beside the driver identified himself as Kishori Lal. The police searched the vehicle and recovered 2.84 kilograms of charas. The police seized the charas and arrested Vinay Kumar and Kishori Lal, who revealed on inquiry that they had brought the charas for Vidya Devi and Chaman Lal (the present petitioner). They were also in touch with Vidya Devi and Chaman Lal. This fact confirmed the statements made by the co-accused. Charas was sent to SFSL, Junga and as per the result of analysis, it was found to be extract of cannabis and a sample of charas. 10 FIRs have been registered against the petitioner, out of which five are pending before the Court. The charge sheet was filed before the Court on 29.11.2025. Hence, the status report.

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

5. Mr Chetan, learned vice counsel representing the petitioner, submitted that the petitioner is innocent and he was falsely implicated based on the statement made by the co- accused and the call details record. These are not sufficient to connect the petitioner to the commission of a crime. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Lokender Kutlehria, learned Additional Advocate General, for the respondent-State, submitted that the petitioner had abetted the possession of a commercial quantity of charas and the rigours of Section 37 of the NDPS Act apply to the present case. The petitioner has failed to satisfy the twin conditions laid down under Section 37 of the NDPS Act, and he is not entitled to bail. Therefore, he prayed that the present petition be dismissed.

7. I have