IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. 2910 of 2025 Reserved on: 1.1.2026 Date of Decision: 09.1.2026.

Suraj Kumar Sharma @ Paharia f...Petitioner Versus State of Himachal Pradesh t ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No For the Petitioner : Mr. G.R. Palsra, Advocate.

For the R espondent/State : Mr. Ajit Sharma,Deputy h Advocate General.

Rakesh Kainthla, Judge i The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 234 of 2024, dated 21.11.2024, registered at Police Station, Balh, District Mandi, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act( NDPS Act).

2. It has been asserted that as per the prosecution the police were on patrolling duty on 21.11.2024. They received secret information at Bagla Gaggal Link Road at 3.45 PM that the

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

petitioner was selling heroin. The police searched the petitioner in the presence of witnesses and recovered 203.1 grams of heroin. The police arrested the petitioner. The petitioner is innocent and he was falsely implicated. The competent authority and the administrator has confirmed a freezing order passed by Station House Officer. The petitioner wants to assail the order of the competent authority. Hence the petition.

3. The petitiuon is opposed by filing a status report asserting that thoe police were on patrolling duty on 21.11.2024. They receiCved a secret information near Bagla Gagal Link Road at 3.45 PM that the petitioner was selling heroin and in case of his search, huge quantity of heroin could be recovered. The police reduced the information into writing and sent it to HAdditional Superintendent of Police. The police associated Pawan Kumar and Hema Devi and went to the petitioner’s house where he was present. The police searched the house in the presence of independent witnesses and recovered ₹900/- and 203.1 grams of heroin. The police arrested the petitioner and seized the heroin, which was sent to the FSL and as per the result it was confirmed to be a sample of Diacetylmorphine (Heroin). The charge sheet was filed before the Court and the matter is listed for the prosecution evidence on 22.01.2026. FIR No.s 178/2006, 134/13, 428/2020, 17/23 and 208/23 have been registered against the petitioner. The petitioner would indulge in the commission of a similar offence in case of his release on bail. Hence the status report.

4. I have heard Mr. G.R. Palsra, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State.

5. Mr. G.R. Palsra, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. He wants to challenge the order passed by the competent authority. 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 huge quantity of heroin. He has criminal antecedents and would indulge in the commission of similar offence in case of release on bail. Hence, he prayed that the present petition be dismissed.

7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

8. The parameters for granting bail Hwere considered by the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC 314: 2025 SCC OnLine SC 781, wherein it was observed at page

380: -

(i)Broad principles for the grant of bail

56.InGudikantiNarasimhuluv.High Court of A.P., (1978) 1 SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while elaborating on the content of Article 21 of the Constitution of India in the context of personal liberty of a person under trial, has laid down the key factors that should be considered while granting bail, which are extracte