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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MP (M) No.76/2026.

Date of Decision: 27^th February, 2026.

Surinder Pal .....Petitioner.

Versus

State of Himachal Pradesh …..Respondent.

Coram

The Hon’ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Yashveer Singh Rathore, Advocate.

For the Respondent: Mr. Gobind Korla, Addl. Advocate

General.

ASI, Bhoginder Kumar, I.O. District

Kangra HP, is present in person.

Bipin Chander Negi, Judge (oral).

The present bail petition has been filed under Section

483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for

grant of regular bail, arising out of FIR No.64/2024 dated

12.03.2024, registered at Police Station, Kangra, District

Kangra, H.P., for an offence punishable under Sections 20 and

29 of the Narcotic Drugs and Psychotropic Substances Act,

1985.

2. Heard counsel for the parties and perused the status

report.

3. The brief facts are that on 12.03.2025, the Police party

while on patrolling, at about 2:30 in the night found a vehicle

(Alto car) bearing number HP-76-5951 parked on the roadside

of the Nagrota road towards Mattaur in front of the Toyota

Agency. The interior lights of the vehicle were found to be on

and four persons were sitting inside the vehicle. On seeing the

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

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Police vehicle, the persons sitting in the vehicle got nervous and

the driver tried to start the vehicle. The Police party quickly

took control of the vehicle. On questioning, it was found that

the vehicle was owned by its driver Sukh Ram. The persons

sitting on the front seat adjacent to the driver was named

Bishan Dass. The other two persons sitting in the rear seats

were named Sahil Kumar and the Subhkaran.

4. On search of the vehicle, four packets wrapped in a

plastic pack were found on the floor under the seat adjacent to

the seat of the driver. The contraband recovered was found to

be Hashish. The weight of the contraband was found to be 1 Kg.

943.5 grams. Admittedly, the quantity of the contraband

recovered is a commercial quantity.

5. As per the case of the prosecution, the present bail

petitioner Surinder Pal @ Sahil had travelled in vehicle bearing

No. H.P. 54A-9208 owned by Shubhkaran. The said car was

parked on the other side of the road. During investigation, the

bail petitioner was sought to be linked to Sukh Ram, owner of

Alto car bearing number -HP-76-5951, from where the

contraband was recovered. The bail petitioner was arrested on

13.10.2025 as he is stated to have absconded from the place of

occurrence and is presently lodged in judicial custody

6. Challan, in the case at hand, was filed in the month of

November, 2024. Charges stand framed and now the matter is

being listed for prosecution evidence. The total witnesses, in the

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case at hand, are 22. Six witnesses stand examined. The matter

is now posted for recording of evidence of two more witnesses

on 08.06.2026 before the trial Court. The trial is not likely to

complete in near future.

7. In the aforesaid backdrop, learned counsel appearing on

behalf of the petitioner has drawn the attention of this Court to

judgment dated 18.10.2024 passed in Special Leave to Appeal

Crl. Nos. 9737 of 2024 titled as Johnson vs. State of Rep by The

Inspector of Police, NIB-CID Police, Nib-Cid and to judgment

passed in Special Leave to Appeal Crl. No. 16671/2024, decided

on 10.01.2025 titled as Shambhulal Gurjar vs. State of

Rajasthan.

8. In both the aforesaid cases, the quantity of contraband

involved was commercial. The High Court had rejected the bail

in both the cases on account of commercial quantity being

involved in the cases. In the former case, the accused had been

in custody since more three years, whereas in the latter, he had

undergone one year and eight months of custody. In both the

cases taking into account the period spent, the bail petitioner(s)

had been enlarged on bail.

9. Other than the aforesaid, learned counsel has drawn the

attention of this Court to judg