IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. 2870 of 2025 Reserved on : 01.01.2026 Date of Decision: 9.01.2026 Shankar Bahadur Vika ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr. Panku Chaudhary, Advocate.

For the Respondent/State. : Mr. Ajit Sharma, Deputy Advocate Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 86 of 2025, dated 27.04.2025, for committing offences punishable under Sections 18 & 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) at Police Station Sadar, Solan, District Solan, H.P.

2. It has been asserted that, as per prosecution, the police party was on patrolling duty on 27.04.2025. They intercepted a

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

vehicle bearing No.HP-63E-0330 based on a secret information. The police found Shirajana Buddha and Shankar Bhahadur (present petitioner) travelling in the vehicle. The police recovered 2.544 kgs of opium from the backpack kept near the feet of the Shiranjana Buddha and 5.640 kgs of opium kept near the feet of Shankar Bahadur (present petitioner). The allegations are false. The trial has not commenced and the matter is listed for consideration of charge. The co-accused has been released on bail and the petitioner is entitled to bail based on parity. There is no material to connect the petitioner with the commission of crime. The petitioner would abide by all the terms and conditions, which 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 on patrolling duty on 27.04.2025. They received a secret information at 12:40 pm that a bus was going from Solan to Shimla. Two people sitting on rear seats were transporting opium and a huge quantity of opium could be recovered by their search. The police reduced the information into writing and sent it to the Supervisory Officer. The police intercepted a bus bearing registration No. HP-63E-0330. Two people were found sitting in the rear seat. One person identified herself as Shiranjana Buddha, and the other person identified himself as Shankar Bahadur (present petitioner). Two backpacks were found near their feet. The police checked the backpack and recovered three pouches containing 2.544 kgs of opium in the backpack kept near the feet of co-accused. The police checked the backpack kept near the petitioner’s feet and recovered 6 pouches containing 5.640 kgs of opium. The total weight of opium was found to be 8.184 kgs. The police seized the backpacks and arrested the petitioner and the co-accused. The CCTV footage from the Hotel, where the petitioner and the co- accused had stayed, was also recovered. The challan was filed before the Court on 02.07.2025. The charge was framed on 19.12.2025 and now the matter is listed for recording the statements of prosecution witnesses on 17.03.2026. Hence, the status report.

4. I have heard Mr. Panku Chaudhary, learned counsel, for the petitioner and Mr. Ajit Shama, learned Deputy Advocate General for the respondent/State.

5. Mr Panku Chaudhary, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. The backpack was found near the petitioner’s feet and there is nothing to connect the petitioner to the backpack. There is delay in the process of trial. Hence, he 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 petitioner was found in possession of a commercial quantity of opium. 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