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( 2026:HHC:5595 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MP (M) No. 108 of 2026

Reserved on: 27.02.2026.

Date of Decision: 05.03.2006

Aakash Thakur ...Petitioner

Versus

State of Himachal Pradesh ...Respondent

Coram

Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?

For the Petitioner : M/s Sunil Dutt Gautam and

Harmohan Thakur, Advocates.

For the Respondent/State : Mr Lokender Kutlehria, Addl.

A.G.

Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking

regular bail in F.I.R. No. 07 of 2026, dated 07.01.2026, registered in

Police Station Boileaugunj, District Shimla, H.P., for the commission

of offences punishable under Sections 20 and 29 of the Narcotic

Drugs and Psychotropic Substances (NDPS) Act.

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

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2. It has been asserted that the petitioner was arrested on

08.01.2026 for possession of 356.280 grams of charas. The

recovery was made from the room, and not from the petitioner’s

personal search. The contraband was brought by co-accused

Surender Singh, and there is nothing on record to connect the

accused with the commission of the crime. No call details or

financial transactions were attributed to the petitioner. Shayam Lal

Thakur is the owner of the paying guest accommodation where the

petitioner was residing at the relevant time. The petitioner was

staying in the premises as a paying guest and had nothing to do

with the contraband stated to have been recovered by the police.

FIR No. 78/2024 dated 29.04.2024 is pending against the petitioner.

Petitioner is a permanent resident of the State of Himachal

Pradesh. He has deep roots in society, and there is no chance of

his absconding. He would abide by the terms and conditions that

the court may impose upon him. Hence, the petition.

3. The petition is opposed by filing a status report

asserting that the police were on patrolling duty on 07.01.2026 near

Police Post Summerhil. They received secret information at about

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6.45 P.M. that Shyam Lal Thakur, Ajay Kumar, Surinder Singh and

Aakash Thakur (the present petitioner) were selling narcotics in

their room, and a huge quantity could be recovered by searching

the room. The delay in the search and procurement of a search

warrant would have led to the destruction of the case property.

Hence, a report under Section 42(2) of the NDPS Act was sent to the

Supervisory OfÏcer at Police Station West. The police joined Jyoti

Swaroop as an independent witness and reached the place. They

knocked at the door. One person opened the door, and three

people were found inside the room. They disclosed their names as

Shayam Lal Thakur, Ajay Kumar, Surender Singh and Aakash Thakur.

The police searched the room and recovered a plastic bag

containing 356.280 grams of charas. The police seized the charas

and arrested the occupants of the room. Charas was sent to the

FSL, and the result is awaited. Surender Singh disclosed that he had

brought the charas. Ajay Kumar, Shyam Lal Thakur and Aakash

Thakur also confirmed this statement. No other FIR is registered

against the petitioner. Charas is adversely affecting the young

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generation. Hence, it was prayed that the present petition be

dismissed.

4. I have heard M/s Sunil Dutt Gautam and Harmohan

Thakur, Advocates, learned counsel for the petitioner and Mr

Lokender Kutlehria, learned Additional Advocate General for the

respondent/State.

5. Mr Sunil Dutt Gautam, learned counsel for the

petitioner, submitted that the petitioner is innocent and that he was

falsely implicated. The status report mentions that the charas was

brought by Surender Singh, and the petitioner has nothing to do

with it. The quantity of charas stated to have been recovered by

the police is an intermediate quantity, and the rigours of Section 37

of the NDPS Act do not apply to the present case. The petitioner is

a student, and his continued detention in prison would adversely

affect hi