IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 3004 of 2025 Reserved on: 16.01.2026 Date of Decision: 23.01.2026.

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Sunil Kumar f...Petitioner Versus State of Himachal Pradesh t ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Vacation Judge.

Whether approved for reporting?¹ No For the PetCitioner : Mr Abhimanyu Thakur, Advocate.

For the Respondent : Mr Lokender Kutlehria, Deputy Advocate General.

Rakesh Kainthla, Judge i The petitioner has filed the present petition seeking regular bail in FIR No. 120 of 2025, dated 19.08.2025, registered at Police Station Dhalli, District Shimla, H.P., for the commission of offences punishable under Section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. It has been asserted that, as per the prosecution, the police intercepted a vehicle bearing registration No. PB-01D-

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

2378 and arrested the occupants, Arvinder Singh @ Billa, Gurpreet Singh and Sunil Kumar for the possession of 29.840 grams of heroin. The petitioner had hired a taxi on sharing basis. He had visited Shimla on vacation. The petitioner is working as a car painter and is the sole earner of the family. The petitioner has been in custody since 19.08.2025. The police have filed the charge sheet. The co-accused has been released on bail, and the petitioner is entitled uto bail on the principle of parity. FIR No.56 of 2022 was reogistered against the petitioner. Hence, it was prayed thaCt 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 patrol duty on 19.08.2025. They received secret information at 3:25 pm that a vehicle bearing registration No. PB-01D-2378 was transporting heroin, and a huge quantity of heroin could be recovered from its search. The information was credible. It was reduced to writing and was sent to the Supervisory Officer. The police joined Gopal Sharma and went towards the place where the vehicle was stated to be parked. The police found three people present in the vehicle. The driver identified himself as Gurpreet Singh, the person sitting on the front seat identified himself as Arvinder Singh, and the person sitting on the rear seat identified himself as Sunil Kumar. The police gave their search to the occupants of the vehicle and searched the vehicle. The police recovered a transparent polythene kept beneath the foot mat of the rear seat. The police checked the polythene packet and recovered 29.840 grams of heroin. The police seized the vehicle and the heroin and arrested the occupants. The heuroin was sent to SFSL, Junga and as per the result, indicatedo the presence of Diacetylmorphine. The call detail records wCere obtained, and the occupants were found to be in touch with each other. A charge sheet has been filed before the Court, and the matter was listed before the learned Special Judge (1) for the fixation of evidence on 17.01.2026. The petitioner Sunil HKumar had used his SIM No.xxxxx0377 in different mobile phones. FIR No.56/2022 has been registered against the petitioner. The petitioner would indulge in the commission of a similar case in case of his release on bail. Hence, the status report. 4. I have heard Mr Abhimanyu Thakur, learned counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State.

5. Mr Abhimanyu Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. The co-accused has been released on bail, and the petitioner is entitled to bail on the principle of parity. The quantity of heroin stated to have been recovered by the police is intermediate, and the rigours of Section 37 of the NDPS Act do not apply in the present case. The petitioner would abide by the terms & conditions which thue Court may impose; hence,