2026:HHC:3361 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) Nos. 3042 & 3054 of 2025 Reserved on: 16.01.2025 Date of Decision: 23.01.2026.

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1. Cr.MP(M) No. 3042 of 2025 Sachin ...Petitioner Versus State of Himachal Pradesh ...Respondent ______________________________________

2. Cr.MP(M) No. 3054 of 2025 Sorabh ...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(s) : Mr Rajesh Verma, Advocate, in both the petitions.

For the Respondents/State: Mr Lokender Kutlehira, Additional Advocate General, for the respondents/State, in both the petitions.

Rakesh Kainthla, Vacation Judge The petitioners have filed the present petition for seeking regular bail, in FIR No. 282 of 2025 dated 22.11.2025

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

registered at Police Station Sadar, Chamba, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Section 221 and 132 of Bhartiya Nyaya Sanhita (BNS). Since both petitions have arisen out of the same FIR; therefore, they are being taken up together for convenience.

2. It has been asserted that, as per the prosecution, the police were checking the vehicles on 22.11.2025 at 7 AM. They received secret information that Binta Mahajan and her son, Aryan Mahajan, were selling heroin, and a huge quantity of heroin could be recovered by searching their house. The police went to their house after completing the formalities and recovered one weighing machine, two burnt foil papers, one folded and burnt ₹20 currency notes and one syringe. The police also recovered 14 mobile phones and 20.65 grams of heroin. The police arrested the occupants and seized the heroin. The police found that the petitioner, Sachin, had made a transaction of ₹57,260/- and the petitioner, Sorabh, had made a transaction of ₹22,750/- with Aryan Mahajan. The police arrested the petitioners based on the financial transactions. The petitioners are permanent residents of Chamba. They have roots in society, and there is no chance of their absconding. They would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioners be released on bail.

3. The petitions are opposed by filing a status report asserting that the police were checking the vehicles on 22.11.2015. They received secret information that Binta Mahajan and her son Aryan Mahajan were selling heroin, and in case of a search of their house, a huge quantity of heroin could be recovered. The information was sent to the Additional Superintendent of Police, Chamba and authorization letter was issued by the Additional Superintendent of Police, Chamba. The police associated Seema Kumari and Mahender Kumar and went to the house of Binta Mahajan. The police found Aryan Mahajan in the house. The police searched the house and recovered an electronic weighing machine, two burnt foil papers, one burnt and one folded currency note of ₹20/- and one syringe. Binta Mahajan also came to the spot. The police conducted a further search of the house and recovered 14 mobile phones, jewellery, 20.65 grams of heroin, and ₹2,33,377/- in cash. The police seized all the articles and arrested the occupants. The police checked their accounts and found that various persons, including the petitioners, had transferred the money to their accounts. The police arrested those persons, including the petitioners. The petitioners, Sachin Kumar and Sorabh, had transferred ₹57,260/- and ₹22,750/- to the accounts of Aryan Mahajan and Binta Mahajan on different dates. The petitioner, Sachin, had talked to Aryan Mahajan 113 times between 02.06.2025 and 20.07.2025 and the petitioner, Sorabh, had talked to Aryan Mahajan 175 times between

07.06.2025 and 20.07.2025. Hence, the