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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 561 of 2026 Reserved on: 04.05.2026 Date of Decision: 08.05.2026.

Hans Raj …. Petitioner Versus

State of HP …. Respondent

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr Nikhil Ghonkrokta, Advocate.

For the Respondent/State: Mr Ajit Sharma, Deputy Advocate General.

Rakesh Kainthla, Judge

H The petitioner has filed the present petition for seeking regular bail in FIR No. 24 of 2024 dated 21.04.2024 registered at Police Station Kumarsain, District Shimla, H.P., for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985

(hereinafter referred to as “NDPS”).

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

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2. It has been asserted that, as per the prosecution, the police stopped a bus bearing registration No. HP-06A-1557 at Jabli near Kingal on 21.04.2024 at 9:30 AM. The petitioner was stated to be occupying seat No.1, and he got frightened after seeing the police. The police checked the bag being carried by the petitioner in the presence of the witnesses and recovered 1 kg 229 grams of charas. The police seized the charas and arrested the petitioner. The puetitioner had filed the bail petitions before this Court, whicho were registered as Cr.MP(M) No. 1140 of 2025 and Cr.MPC(M) No. 2120 of 2025, and were dismissed on 04.06.2025 and 15.09.2025, respectively. The statements of prosecution witnesses have been recorded. Two witnesses have not supported the prosecution case. The case of the prosecution

His false, and there is nothing to connect the petitioner to the commission of a crime. The petitioner would abide by the terms and conditions that may be imposed by the Court. Hence, the petition.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 21.04.2024. They checked a bus bearing registration No. HP- 06A-1557 at 9:30 a.m. They found the petitioner occupying seat

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No.1, having a backpack on his lap. He tried to conceal the backpack after seeing the police. The police became suspicious and searched the petitioner in the presence of the driver and conductor. The police recovered 1kg and 229 grams of charas. Statements of all the witnesses have been recorded, and the matter was listed on 28.04.2026 for recording the statements of defence witnesses. The petitioner would indulge in the commission of a similuar offence in case of his release on bail. The quantity of charaos found in the possession of the petitioner was commerciaCl. The narcotic adversely affects society, and the petitioner would indulge in the commission of a similar offence

in case of his release on bail. Hence, the status report.

4. I have heard Mr Nikhil Ghonkrokta, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate

General for the respondent/State.

5. Mr Nikhil Ghonkrokta, learned counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. The petitioner has been behind the bars since 21.04.2024. More than two years have elapsed since the arrest of the petitioner. The police have filed the chargesheet,

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and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence, he prayed that the present petition be allowed and the petitioner be released on

bail.

6. Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State, submitted that the petitioner was found in possession of a commercial quantity of charas. He had approached this Court earlier, and his bail petitions were dismissed. A subsequent bail peti

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