THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2964 of 2025 Reserved on: 01.01.2026 Date of Decision: 9.01.2026.

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Girdhari Lal ...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. Nand Lal Thakur, Advocate.

For the Respondent/ State : Mr. Lokender Kutlehira, Additional Advocate General.

Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail, in FIR No. 0305 of 2025, dated 12.12.2025 registered for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) at Police Station Baddi, District Solan, H.P.

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

2. It has been asserted that, as per prosecution, the police party received a secret information on 12.12.2025 at about 6:50 a.m. that a vehicle bearing registration No. HP-65A-2514 was parked in front of Satyam Stationary. The driver Girdhari Lal (present petitioner) and conductor Bhupender Kumar were selling charas kept in the vehicle. A huge quantity of charas could be recovered by the search of the vehicle. The information was credible and it was reduced to writing. The information was sent to Sub Divisional Police Officer (SDPO) Baddi, District Solan, H.P. through Constable Rahul Sharma. The police associated two independent witnesses Karam Chand and Parveen Rana and went to the spot, where the vehicle bearing registration No. HP65A- 2514 was found parked. The driver identified himself as Girdhari Lal and person beside the driver identified himself as Bhupender Kumar. The police searched the vehicle and recovered 71 sticks of Charas weighing 438 grams. The prosecution’s version is false. The petitioner has nothing to do with the recovery of Charas. The investigation is complete and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, the petition.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 12.12.2025. They received a secret information at 6:50 AM near Truck Union, Baddi, that a vehicle bearing registration No. HP65A-2514 was parked in front of Satyam Stationery. The driver, Girdhari Lal, and conductor, Bhupender Singh, were selling charas from the vehicle. The information was credible, and any delay in obtaining the search warrant would have resulted in the destruction of the case property. The police reduced the information into writing and sent it to the SDPO, Baddi. The police associated two independent witnesses, Karam Chand and Parveen Rana, and proceeded to the spot, where the vehicle was found parked. The driver identified himself as Girdhari Lal (present petitioner), and the conductor identified himself as Bhupender Kumar. The police searched the vehicle and recovered a bag containing 71 sticks of charas, weighing 438 grams. The police arrested the petitioner and Bhupender Kumar and seized the charas. The charas was sent to SFSL, Junga, and as per the report of analysis, it was confirmed to be an extract of cannabis and sample of charas. As per the certificate of identity, no other case has been registered against the petitioner. Hence, the status report.

4. I have heard Mr. Nand Lal Thakur, learned counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State.

5. Mr. Nand Lal Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The quantity of Charas stated to have been recovered from the vehicle was 438 grams, which is an intermediate quantity, hence, rigours of Section 37 of the NDPS Act do not apply to the present case. The investigation is complete and no fruitful purpose wo