IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 636 of 2026 Reserved on: 04.05.2026 Date of Decision: 08.05.2026.

Vijay Kumar Thakur …. Petitioner Versus State of HP …. Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No For the Petitioner : Mr R.S. Jaswal, Advocate.

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

Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail in FIR No. 93 of 2025, dated 16.04.2025, registered at Police Station Sadar, District Mandi, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS”).

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

2. It has been asserted that false allegations were made against the petitioner that 8 grams of heroin were recovered from his possession. The petitioner has been in judicial custody since 19.04.2025. The police filed the charge sheet before the Court, and the matter is pending before the learned Special Judge, Mandi, for adjudication. The petitioner is the sole earner of the family. The quantity of heroin stated to have been found in the petitioner’s possession is intermediate, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The petitioner had earlier filed a bail petition before this Court, which was registered as Cr.MP(M) No. 1276 of 2025 and was dismissed on 04.07.2025. The petitioner approached the Hon’ble Supreme Court, and his Special Leave Petition (Criminal) No. 15207/2025, titled Vijay versus State of H.P., was dismissed on 15.12.2025. A liberty was granted to the petitioner to renew his bail application after the charges were framed. The charges have been framed, and statements of some of the witnesses have been recorded. Six FIRs were registered against the petitioner, and he was acquitted in all of them except FIR No.31 of 2024, which is pending before the learned Sessions Judge, Joginder Nagar, District Mandi. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that 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 had set up a nakka on 16.04.2025 at Malori near the office of the Society for Technology and Development. The police stopped a bus bearing registration No. DD-o1P-9322 and checked the passengers. They noticed that the driver had taken something out and put it in the bottle holder rack. The police checked the rack in the presence of the witnesses and recovered a polythene bag containing 8 grams of heroin. The police seized the heroin and arrested the petitioner. The heroin was sent to SFSL, Junga and was confirmed to be Diacetylmorphine (Heroin). As per the certificate of identity, the following FIRs are pending against the petitioner.

2. The police filed the chargesheet on 16.06.2025 in the Court of Learned Special Judge, Mandi. Statements of 5 witnesses have been recorded, and statements of 13 witnesses are yet to be recorded. The matter is listed on 25.05.2026 for recording the statements of prosecution witnesses. Hence, the status report.

4. I have heard Mr R.S. Jaswal, learned counsel for the petitioner and Mr Ajit Sharma, Deputy Advocate General, for the respondent/State.

5. Mr R.S. Jaswal, learned counsel for the petitioner, submitted that the petitioner is innocent and he has been falsely implicated. The police have filed the charge sheet, and the charges have been framed. A liberty was granted to the petitioner to file an application for bail after the filing of the chargesheet. The charge sheet has been filed. The prosecution has failed to complete the evidence, which violates the petitioner’s right to a speedy trial. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Ajit Shar