IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP(M) No. 279 of 2026 Reserved on : 12.03.2026 Decided on : 13.03.2026 Sikander Lal …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Mr. Vijender Katoch, Advocate.

For the respondent : Mr. Tejasvi Sharma & Mr. H.S.

Rawat, Additional A.Gs. Virender Singh, Judge Applicant-Sikander Lal has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 36/2025, dated 28.03.2025, under Sections 21 and 25 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Damtal, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, by the police, in this case.

3. According to him, the investigation, in the present case, is complete and the trial against him although, commenced, but, the same has not yet been concluded. It has been pleaded that only three PWs could be examined by the prosecution and case is now listed for 17.04.2026, for further evidence.

4. The contraband allegedly recovered, in the present case, according to the applicant, does not fall within the definition of ‘commercial quantity’, as such, the provisions of Section 37 of ND&PS Act are not applicable, in the present case.

5. According to the applicant, apart from the present case, five other cases have been registered against him, particulars of which, have been mentioned in para No.

8 of the application, which are reproduced, as under:- 1. FIR No. 22/2015, dated 22.09.2015, under Sections 341, 323, 504, 34 of IPC, Police Station Damtal;

2. FIR No. 137/2020, dated 16.09.2020, under Section 22 of ND&PS Act, Police Station Damtal;

3. FIR No. 212/2020, dated 10.10.2020, under Section 21, 22 of ND&PS Act of Police Station Div. No. 2 Pathankot, Punjab;

4. FIR No. 39/2023, dated 21.03.2023, under Section 21 of ND&PS Act, Police Station Damtal;

5. FIR No. 104/2024, dated 04.09.2024, under Section 21 of ND&PS Act, Police Station Damtal.

6. It is the further case of the applicant that although, the cases have been registered against him, but, he has not been convicted, in any of these cases, by the competent Court of Law.

7. The applicant has tried his luck earlier by moving application before this Court bearing Cr.MP(M) No. 2261 of 2025, which was dismissed as withdrawn on 11.09.2025. Thereafter, he has moved the application before the Court of learned Special Judge, Nurpur, District Kangra, H.P., which was also dismissed on 12.01.2026.

8. On the basis of the grounds as taken in the bail application, Sh. Vijender Katoch, learned Counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

9. On the basis of the above facts, a prayer has been made to allow the bail application.

10. When, put to notice, the police has filed the status report, disclosing therein, that on 28.03.2025, HC Hem Raj, I.O. ANTF FU CID Kangra, submitted a rukka to Police Station Damtal, disclosing therein that on 28.03.2025, he along with other police officials, in his private vehicle bearing No. HP36D-0401, was on duty to detect the crime relating to excise, was present in Mohtali Ramp, near Damtal. At about 11:45 am, he received a secret information about the fact that one person, along with motorcycle bearing No. PB55B-9840, is standing on the link road leading to village Sirat. The name of said person is stated to be Sikander and he is resident of Sirat and he was having Chitta, which he had kept in speedometer of his motorcycle and he was present there in order to sell the same to someone.

10.1 As per the secret information, if the