Himachal Pradesh High Court

Reserved On : 18.7.2025 vs State Of H.P on 25 July, 2025

Author: Virender Singh

Bench: Virender Singh

1 2025:HHC:24188

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1586 of 2025 Reserved on : 18.7.2025 Decided on : 25.7.2025

Sonam Gyalsen ...Applicant Versus State of H.P. ...Respondent

_______________________________________________________ Coram Hon'ble Mr. Justice Virender Singh, Judge Whether approved for reporting?

________________________________________________

For the Applicant : Mr. Anubhav Chopra, Advocate.

For the Respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick, Additional Advocate General and Mr. Rohit Sharma, Dy. A.G. Virender Singh, Judge

Applicant Sonam Gyalsen has filed the

present application, under Section 483 of Bharatiya

Nagarik Suraksha Sanhita (hereinafter referred to as

'the BNSS') for releasing him, on bail, during the

pendency of the trial, arising out of FIR No. 80 of

2024, dated 22.9.2024, registered under Section 21 2 2025:HHC:24188

of the Narcotic Drugs and Psychotropic Substances

Act with Police Station, Patlikuhal, District Kullu,

H.P.

2. The applicant has pleaded that he is an

innocent person and has falsely been implicated, in

the present case, for allegedly possessing 6 grams of

chitta.

3. According to the applicant, investigation, in

the present case, is complete, as such, his custodial

interrogation is no longer required by the Police, in

this case

6. The applicant has tried his luck by moving

bail application No. 08 of 2025, before the Court of

learned Special Judge, Kullu, District Kullu, H.P.

however, the same was dismissed, on 21.1.2025.

Thereafter, he has again moved bail application No.

63 of 2025, which was dismissed as withdrawn.

7. It is the further case of the applicant that he

is suffering from HIV and HCV (Hepatitis C Virus),

which is a communicable disease, and undergoing 3 2025:HHC:24188

treatment from ART Centre, Nerchowk, District

Mandi, H.P. In order to buttress his contention, he

has annexed photo copy of the prescription slip.

9. The applicant has further asserted that he is

born and brought up in Tehsil Manali, for the last

15-20 years.

10 As per the further stand of the applicant, the

contraband, allegedly recovered in this case, does not

fall within the definition of 'commercial quantity', as

such, rigors of Section 37 of the NDPS Act, are not

applicable, in this case.

11. Apart from the present case, the applicant

has given the details of two other cases, which have

been registered against him, details of which are

reproduced as under:

i) FIR No. 21 of 2024, dated 3.3.2024, under Section 21 of the NDPS Act, registered at P.S. Patlikuhal, District Kullu, H.P.;

ii) FIR o. 33 of 2024, dated 28.5.2024, under Section 21 of the NDPS Act, registered at Police Station, Swarghat, District Bilaspur, H.P. 4 2025:HHC:24188

12. The applicant, through his counsel, has

undertaken to abide by the terms and conditions, to

be imposed by this court, in case, he is ordered to be

released on bail.

13. On these submissions, a prayer has been

made to allow the bail application.

14. When put to notice, the police has filed the

status report, disclosing therein, that on 22.9.2024,

H.C. Rajinder Singh No. 61, alongwith other police

officials, was on patrolling duty, in the official vehicle.

While conducting the patrolling, when, they reached

at a place near Banon Mod, at Patlihuhal-Naggar

road, then, by the side of the road, they noticed a

person, sitting on a stone. On seeing the Police party,

the said person avoided eye contact with the Police.

As such, suspicion has been developed in the mind of

the I.O. When, the I.O. directed the driver of the

vehicle to stop the vehicle, the said person, on seeing

the Police, had thrown something, out of his right

pocket of his lower, and tried to move away.

5 2025:HHC:24188

14.1 Thereafter, the aforesaid person was nabbed,

and he could not give any satisfactory answer, for not

making eye contact with the Police and the reason for

throwing the article out of his pocket. As such, the

I.O. thought it proper to check the article, thrown by

him.

14.2 In the meanwhile, one motorcyclist came

there, who was associated in the investigation. On

inquiry, he disclosed his name as Sunil Kumar.

Another person, namely, Lot Ram was also

associated in the investigation. Thereafter, in the

presence of the aforesaid persons, the name and

address of the person, so nabbed, was inquired. On

inquiry, he has disclosed his name as Sonam

Gyalsen (applicant). Thereafter, the polythene packet,

thrown by the applicant, was opened, which, on

opening, was found containing powder shaped

substance, which, on checking, with the help of drug

detection kit, was found to be heroin/chitta. On

weighment, the same was found to be 6 grams of 6 2025:HHC:24188

chitta. Other codal formalities were completed and

accused was arrested.

14.3 It is the further case of the Police that the

contraband was thereafter sent to FSL, Junga, from

where, positive report has been received. Thereafter,

the Police has prepared the charge-sheet and

submitted the same in the Court of learned Special

Judge, Kullu. There are stated to be 13 prosecution

witnesses, and the case is now stated to be listed for

recording the statements of witnesses, at serial Nos.

8, 9 and 14.

14.4 Reiterating the criminal history of the

applicant, as mentioned in the application, a prayer

has been made to dismiss the bail application.

15. The applicant is in judicial custody from the

date of his arrest, i.e. 22.9.2024, and the case is now

listed for 29.10.2025, for recording the statements of

PWs. From this fact, this Court has no hesitation to

conclude that chances of conclusion of trial, against

the applicant, in near future, are not so bright. As 7 2025:HHC:24188

such, no useful purpose would be served by keeping

the applicant in judicial custody, that too, for

indefinite period.

16. So far as the registration of other two cases,

against the applicant, is concerned, in the said

cases, admittedly, the conviction has not been

inflicted upon him, by the competent Court of law, as

such, presumption of innocence is still available to

the applicant.

17. Contraband, allegedly recovered, in the

present case, does not fall within the definition of

'commercial quantity'. As such, rigors of Section 37 of

the NDPS Act, are not applicable to the facts of the

present case.

18. Investigation, in the present case, is

complete, as, it is the specific case of the Police that

after completion of investigation, charge sheet has

been filed, in the competent Court of law and the

case is now fixed for PWs. Meaning thereby, the 8 2025:HHC:24188

applicant is no longer required for interrogation by

the Police.

19. The bail application cannot be rejected, as a

matter of punishment, as punishment can only be

inflicted after full fledged trial.

20. The applicant has specifically asserted that

he is residing at the address, as mentioned in the

application. In order to buttress his contention, he

has annexed the certificate, issued by Gram

Panchayat, Badgran, Tehsil Manali, District Kullu. As

such, it can be said that applicant is resident of

District Kullu, and it cannot be apprehended that in

case, the applicant is ordered to be released on bail,

he may not be available for trial.

21. There is nothing on record to demonstrate

that any efforts have been made by the Police to get

the bail, granted to the applicant, in the earlier two

cases, cancelled, nor the applicant has been declared

as 'Habitual Offender', by the competent authority.

9 2025:HHC:24188

22. Even otherwise, considering the pace of the

trial, if the bail application of the applicant is

rejected, then, the same would amount to pre-trial

punishment, which is prohibited, under the law.

23. As per the document attached with the

application, the applicant is suffering from HIV and

HCV. The Hon'ble Supreme Court in a case titled as,

'Bhawani Singh versus State of Rajasthan', Special

Leave to Appeal (Crl.) No. 2225 of 2022, has granted

the relief of bail to the petitioner, who was suffering

from HIV, in the case before the Hon'ble Supreme

Court, after taking into consideration the provisions

of Section 34 (2) of the Human Immunodeficiency

Virus and Acquired Immune Deficiency Syndrome

(Prevention and Control) Act, 2017, which are

reproduced as under:

"34(2) : In any legal proceeding concerning or relating to an HIV positive person, the Court shall take up and dispose of the proceeding on priority basis."

10 2025:HHC:24188

24. The Hon'ble Supreme Court in Bhawani

Singh's case (supra) has granted the relief of bail, as

well as, of expeditious disposal of the appeal.

Relevant portion of the judgment is reproduced as

under:

"Having regard to the peculiar circumstances of the case given that the petitioner is suffering from HIV and appears to be immune compromise, this Court is of the opinion that a case for grant of bail is made out."

25. Considering all these facts, this Court is of

the view that the bail application is liable to be

allowed and is accordingly allowed.

26. Consequently, the applicant is ordered to be

released on bail during the pendency of trial, arising

out of FIR No. 80 of 2024, dated 22.9.2024,

registered under Section 21 of the NDPS Act, with

Police Station, Patlikuhal, District Kullu, H.P., on his

furnishing personal bond in the sum of Rs. 50,000/-,

with one surety in the like amount, to the satisfaction

of learned trial Court.

11 2025:HHC:24188

27. This order, however, shall be subject to the

following conditions:-

a) Applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and