The has granted to Lokesh Kumar Bherwa, who was arrested in connection with the recovery of 9 grams of heroin under the . In a significant observation, Justice Chirag Bhanu Singh remarked that the possession of an of , coupled with a history of similar minor recoveries, does not automatically substantiate the ’s theory that the is a . The ruling underscores the judicial preference for allowing reformative opportunities for addicts rather than enforcing prolonged .
The case originated from a routine patrol conducted by police officials near Badahed Road in District Hamirpur on . According to the , officers noticed a person standing with a backpack and a yellow polythene bag. Upon the sight of the patrol vehicle, the individual, later identified as Lokesh Kumar Bherwa, allegedly discarded a packet from his trouser pocket. Upon inspection, the contents were identified as 9 grams of heroin, commonly referred to as "chitta." Bherwa was subsequently arrested, and formal charges were filed on .
During the proceedings, the State argued vehemently against the release of the , pointing to his history of two prior FIRs registered under the NDPS Act in District Mandi. The suggested that the ’s repeated involvement indicated a distinct "" of carrying small quantities of to circumvent the stricter of the Act. They contended that there was a high likelihood of the returning to similar criminal activities if released, arguing that his past record necessitated continued to prevent further public harm.
Conversely, the defense counsel maintained that the recovery in the present case, as well as in the two pending cases, involved only intermediate quantities of the substance. It was submitted that Bherwa is a victim of substance abuse rather than a supplier, having kept the drugs strictly for self-consumption. The defense emphasized that the quantity recovered in each instance was insufficient to establish a , and therefore, the harsh restrictions imposed by should not serve as an absolute bar to his liberty.
Justice Chirag Bhanu Singh, in his assessment of the case, noted that while the is a repeat offender, the specific quantity of involved in all three instances strongly suggests a pattern of addiction rather than distribution. Addressing the principle of , the Court observed, “Since the earlier cases pertain to 'intermediate' quantity and apparently the was himself addicted to the drugs, it would be in the interest of justice and fairplay that the discretion of is exercised in his favour, but subject to strict terms. He may be given a chance to reform himself. The quantity of drugs recovered from him on all the three occasions rule out his being a peddler.”
The Court also integrated the broader judicial ethos regarding pre-trial detention, citing established precedents such as and . The judiciary emphasized that ", not jail" remains a foundational principle, particularly when a trial is likely to be protracted. Given that the has already been filed, the Court reasoned that keeping the incarcerated indefinitely would contradict the reformative spirit of the legal system, provided that the release is balanced with stringent oversight.
To ensure public safety and the integrity of the ongoing trial, the Court granted the application subject to rigorous conditions. Bherwa is required to furnish bonds totaling ₹50,000 along with two local of equal value, to the satisfaction of the . Furthermore, the Court has mandated that the must not tamper with evidence, must appear before the Investigating Officer or the as directed, and is prohibited from leaving the territory of India without express judicial permission.
The order carries an explicit warning: should the be found engaging in any similar activity or if a new FIR is registered against him under the NDPS Act, his will be subject to immediate cancellation. In such a scenario, the State is empowered to pursue his or commit him to a rehabilitation facility. Additionally, the is barred from leaving the State of Himachal Pradesh without permission and must maintain monthly contact with the Investigating Officer at to provide updates on his whereabouts. These measures are designed to act as a tether, ensuring that the remains under the monitoring of the police while undergoing trial.
The Court concluded by clarifying that these observations are limited solely to the disposal of the petition and do not reflect any final opinion on the merits of the pending criminal charges. The matter now awaits the commencement of the trial process, with the granted a conditional release to pursue recovery and observe the mandates of the law. The Superintendent of the District Jail in Hamirpur and the have been notified to facilitate the immediate implementation of the order.
personal consumption - intermediate quantity