IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. 3028 of 2025 Reserved on: 16.01.2026 Date of DecisionH:23.01.2026 Ajay Kumar ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Vacation Judge.

Whether approvoed for reporting?1 For the Petitioner : M/s Rakesh Kumar Chaudhary and Panku Chaudhary, Advocate.

For the Respondent/State : Mr Ajit Sharma, Deputy Advocate General.

Rakesh Kainthla, Vacation Judge The petitioner has filed the present petition for regular bail in F.I.R. No. 55 of 2024, dated 11.03.2024, registered in Police Station Baddi, District Solan, H.P., for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.

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 recovered 10.200 kgs of charas from a vehicle bearing registration No. HP-81-2679, in which Dinesh. Kumar was present in the driver’s seat, and Ajay Kumar (present bail petitioner) was occupying the front seat. The police arrested the occupants of the vehicle and seized the charas and the vehicle. The petitioner has been in custody for one year and eleven months, and the trial hars not commenced. The petitioner is innocent, and he was falsely implicated in the case. The contraband did not belong to the petitioner, and the police have failed to connect the contraband to the petitioner. The police recove red a passbook from the bag containing the contraband, which does not belong to the petitioner, raising a serious doubt about his involvement. The grounds of arrest were not Hcommunicated to the petitioner. 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. Therefore, 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 present near Hotel Amarpali on 11.03.2024. They received secret information that D.inesh Kumar and Ajay Kumar had brought charas for sale. They were selling the charas from their vehicle bearing registration No. HP-81- 2679. A huge quantity of charas could be recovered by searching the vehicle. The delay in procuring the search warrant would have led to the destructiorn of the charas; hence, the information was reduced to writing and was sent to the Addl. Superintendent of Police, Baddi. Bhag Singh was associated, and the police went to the vehicle bearing Registration No. HP-81-2679. The driver identi fied himself as Ajay Kumar (the present petitioner). The police checked the vehicle and recovered 20 packets, each weighing 510 grams of charas. The police also recovered a Hpassbook of Sher Singh. The police seized the charas and arrested the occupants of the vehicle. Subsequently, Anku was arrested based on the information provided by the petitioner. The charas was sent to SFSL, Junga and as per the report of analysis, it was confirmed to be a sample of charas. The police filed the charge sheet before the Court on 05.09.2024. The matter is listed for the prosecution’s evidence on 13.02.2026.

The statements of seven witnesses out of 24 witnesses have been recorded. Hence, the status report.

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

5. Mr Rakesh Chaudhary, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. Therer is no material to connect him to the commission of the crime. There is a violation of the petitioner’s right to a speedy trial, and the petitioner is entitled to bail on this consideration; hence, he prayed that the petition be allowed and th e petitioner