The petitioner has filed the present petition for seeking regular bail in FIR No. 22 of 2026, dated 08.02.2026, registered at Police Station West, Boileauganj, Shimla, District Shimla, H.P., for the commission of offences punishable under Section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2

It has been asserted that, as per the prosecution, the police received secret information that a passenger in the HRTC bus bearing registration No. HP-10A-9536 was transporting narcotics after concealing them inside the torn seat cover. HC Rajinder Singh reached ISBT, Shimla and found the bus with the driver, conductor and two passengers on seats No. 30 and 31. The police searched the bus in the presence of Vishal Kumar, driver and Dheeraj Guleria, conductor. The passengers identified themselves as Vishal Verma and Rahul. The police inspected a torn seat cover behind seat No.26 and discovered a Classic Besan Burfee box containing heroin and burnt currency note of ₹100/-. The police weighed the heroin and found its weight to be 30.70 grams. The quantity of heroin stated to have been recovered from the petitioner’s possession is less than commercial, and the rigours of Section 37 of the NDPS Act do not apply to the present case. The co-accused has already been enlarged on bail by the learned Special Judge, Shimla and the petitioner is entitled to bail on the principle of parity. The petitioner does not have criminal antecedents. He 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 received a telephonic information on 08.02.2026 that boys, sitting in the bus bearing registration No. HP10A-9536, were concealing something after tearing the seat. The police went to ISBT and found the bus parked near the exit gate. The driver, conductor, and two passengers were found in the bus. The driver identified himself as Vishal Kumar, the conductor identified himself as Dheeraj Guleria, the person occupying seat No. 31 identified himself as Vishal Verma (petitioner), and the person occupying seat No. 30 identified himself as Rahul. The police searched the bus and found one plastic box concealed in the seat cover of seat No. 26. The police checked the plastic box and recovered a burnt currency note of ₹100/- and beige coloured substance. The police checked the substance and found it to be heroin. Its weight was found to be 30.700 grams. The police seized the heroin and a burnt currency note and arrested Vishal Verma and Rahul. They revealed during interrogation that they had purchased the heroin from auto driver David for ₹60,000/-. Vishal Verma also identified the place where he had purchased the heroin and the ATM from which currency notes of ₹10,000/- were withdrawn. The police also arrested Vijay, who had sold the heroin to Rahul and Vishal Verma. The charge-sheet was filed before the Court on 08.04.2026. No other F.I.R. was registered against the petitioner. Hence, the status report.

I have heard Mr Ram Lal Verma, learned counsel for the petitioner and Mr Lokender Kutlehria, Additional Advocate General, for the respondent/State.

Mr Ram Lal Verma, learned counsel for the petitioner, submitted that the petitioner is innocent and he has been falsely implicated. The co-accused has been released on bail by the learned Special Judge, Shimla. The petitioner is entitled to bail on the principle of parity. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State, submitted that the petitioner revealed during the interrogation that he had purchased heroin from David alias Vijay. He cannot claim parity with the co-accused Rahul. His bail petition was rightly dismissed by the learned Special Judge. Hence, he prayed tha