IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2974 of 2025 Reserved on: 16.01.2026 Date of Decision: 23.01.2026.

Ram Chander ….Petitioner Versus State of H.P. …. Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Vacation Judge.

Whether approved for reporting?¹ No For the Petitioner : Ms Kanta Thakur, Advocate.

For 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. 249 of 2024, dated 20.12.2024, registered at Police Station, Sadar Solan, District Solan, H.P., for the commission of offences punishable under Sections 21 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 19.12.2024 and searched the premises of the petitioner and Happy Singh after completing the formalities. The police recovered one plastic pouch containing 6.19 grams of heroin. The police arrested the petitioner and Happy Singh. The allegations made against the petitioner are false, and he is not involved in the commission of any offence. The prosecution has failed to complete the trial despite the lapse of more than one year since the petitioner’s arrest. The petitioner is the sole earner of the family, and his family members are suffering hardships due to his continued incarceration. The charge sheet has been filed before the learned Trial Court, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner is a permanent resident of Delhi, 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 party was on patrolling duty on

19.12.2024. They received secret information at 7:40 p.m. that petitioner Ram Chander and Happy were residing in the building owned by Pardeep Kumar Chandel. They were selling heroin, and in the case of their search, a huge quantity of heroin could be recovered. The police reduced the information to writing. The police associated an independent witness, Pardeep Kumar, and went to the room where the petitioner and Happy Singh were present. The Police searched the room and recovered 6.19 grams of heroin. The police arrested the petitioner and Happy Singh. The heroin was sent to SFSL Junga, and the same was found to be a sample of Diacetylmorphine. The petitioner is a permanent resident of Ludhiana, but his Aadhar Card shows him to be a resident of Delhi. F.I.R. No. 69 of 2016 was registered against the petitioner at police station Salem Tabri, Ludhiana and F.I.R. No.166 of 2019 was registered against the petitioner in Police Station Mohindra Park, North West Delhi. The challan has been filed before the Court. Happy Singh was released on bail on 07.05.2025. The petitioner was involved in the commission of a similar offence earlier and would indulge in the commission of the crime if released on bail. Hence, the status report.

4. I have heard Ms Kanta Thakur, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

5. Ms Kanta Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The prosecution has failed to complete the evidence despite the lapse of more than one year. The petitioner is a permanent resident of Delhi, and 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 bail.

6. Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State, submitted that the earlier bail petition filed by petitioner was dismissed