Himachal Pradesh High Court

Reserved On : 24.07.2025 vs State Of Himachal Pradesh on 28 July, 2025

Bench: Tarlok Singh Chauhan, Virender Singh

1 2025:HHC:24524

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CrMP(M) No. : 1671 of 2023 Reserved on : 24.07.2025 Decided on : 28.07.2025

Rikki Kumar ...Applicant

Versus

State of Himachal Pradesh ...Respondent

Coram The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

For the applicant : Mr. Paras Dhaulta, Legal Aid Counsel.

For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by C. Devender Singh, No. 4, Police Station Haroli, District Una, H.P.

Virender Singh, Judge.

Applicant-Rikki Kumar has filed the present

application, under Section 483 of the Code of Criminal

Procedure (hereinafter referred to as 'CrPC'), seeking his

release on bail, during the pendency of trial, arising out of

Whether Reporters of local papers may be allowed to see the judgment? Yes.

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FIR No. 148 of 2024, dated 10 th November, 2024, registered

under Sections 21 and 29-61-25 of the Narcotic Drugs and

Psychotropic Substances Act (hereinafter referred to as

'NDPS Act'), with Police Station Haroli, District Una, H.P.

2. According to the applicant, he is innocent and

has falsely been implicated, by the police, in this case.

From the date of his arrest on 10 th November, 2024, the

applicant is stated to be in judicial custody.

3. As per the applicant, another FIR No. 35 of

2023, dated 4th February, 2023, has been registered

against him, under Sections 20 and 29 of the NDPS Act

with Police Station Sadar Una, in which, he has been

released on bail, whereas, FIR No. 13 of 2024, dated 20 th

February, 2024, registered under Sections 379 and 34 IPC,

with Police Station Talai, District Bilaspur, has wrongly

been shown to have been registered against him.

4. The contraband, alleged recovered, in the

present case, is stated to be 40.91 grams heroin, which,

according to the applicant, does not fall within the

definition of commercial quantity. As such, according to 3 2025:HHC:24524

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

applicable, in this case.

5. The applicant has also tried his luck, by filing

similar application, before the learned trial Court, however,

the same was dismissed, vide order, dated 10th April, 2025.

6. Apart from this, learned counsel appearing for

the applicant, has given certain undertakings, on behalf of

the applicant, for which, the applicant is ready to abide by,

in case, ordered to be released on bail, during the

pendency of the trial.

7. On the basis of the above facts, a prayer has

been made to allow the bail application.

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

status report, disclosing therein, that on 9th November,

2024, Investigating Officer, ASI Naresh Kumar, alongwith

other police officials, was on patrolling duty and duty to

detect crime and narcotics, towards Ghaluwaal, Bhadsali,

Pandoga side. When, the Investigating Officer was present

at Ispur, at about 8.40 p.m., he received a secret

information that a vehicle, bearing registration No. HP 72C

9854, being driven by its driver, was coming from 4 2025:HHC:24524

Hoshiarpur towards Una side. Two persons were stated to

be in the said vehicle, who are in the business of selling of

charas and in case, the said vehicle is intercepted and

checked, then, large quantity of charas can be recovered.

8.1. On finding the information to be reliable,

according to the Investigating Officer, in case, efforts would

have been made to obtain the search warrant, in that

eventuality, there were chances of getting the contraband

removed from there. As such, the provisions of Section 42

(2) of the NDPS Act were complied with and intimation was

sent to SDPO, Haroli, through Constable Rakesh Kumar.

8.2. Thereafter, the IO proceeded towards Pandoga

Excise Barrier in order to put picketing. Picketing was

done near Pandoga Excise Barrier. At about 09.30 pm, a

vehicle (pick-up), bearing registration No. HP 72C 9854,

being driven by its driver, came from Hoshiarpur side. IO

signalled to stop the vehicle. Thereafter, the driver, all of a

sudden, drove the same, towards Una side. The said

vehicle was intercepted at Bhadsali, near B K General

Store, by parking the private vehicle, on the road.

Thereafter, the efforts were made to associate the 5 2025:HHC:24524

independent witnesses. All of them put forward their

personal difficulties to be so. Thereafter, one motorcyclist,

namely, Varun Kumar, was associated in the investigation,

as independent witness. Thereafter, the IO has given his

identification to the person, who was driving the vehicle.

On inquiry, the said person disclosed his name as Rikki

Kumar (applicant). The another person, on inquiry,

disclosed his name as Sagar Puri. Thereafter, the vehicle

was searched.

8.3. During the search of the vehicle, underneath

the conductor seat, a transparent polythene packet was

found, which, on opening, was found to be containing stick

shaped and granular brown coloured substance. The said

substance, on the basis of experience, was found to be

heroin. On weighment, the contraband was found to be

40.91 grams heroin.

8.4. Other codal formalities were completed and

after the registration of the FIR, the said two persons were

arrested.

8.5. The contraband, so recovered, was, thereafter,

sent to SFSL Junga, after conducting the inventory 6 2025:HHC:24524

proceedings, by producing the same, before the learned

JMFC, Court No. 2, Una, from where, the positive report

has been received.

8.6. The investigation, in the present case, is stated

to be completed and the police has filed the charge sheet

against the accused on 8th January, 2025, in the Court of

learned Special Judge, Una. The case is now stated to be

listed on 6th August, 2025, for PWs.

8.7. As per the status report, two cases, as

mentioned in the bail application, are found to have been

registered against the applicant.

8.8. Apart from this, it has also been apprehended

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

he may not be available for the trial, he may coerce the

witnesses and allure them to depose in his favour, he may

again indulge in the same activities and due to the act of

the applicant, there is resentment in the society, as the

young generation is indulging in the vices of drug

addiction.

9. On the basis of the above facts, a prayer has

been made to dismiss the bail application.

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10. The contraband, which has been allegedly

recovered from the possession of the applicant, in this

case, does not fall within the definition of the 'commercial

quantity'. As such, rigors of Section 37 of the NDPS Act

are not applicable, in this case.

11. Once, it has been held that rigors of Section 37

of the NDPS Act are not applicable, in this case, then, the

presumption of innocence is still available to the applicant,

as, the bail application cannot be rejected as a matter of

punishment. Pre-trial punishment is prohibited under the

law.

12. The applicant is in the judicial custody, which

fact demonstrates that his custodial interrogation is no

longer required by the investigating agency.

13. The applicant is permanent resident of District

Una, as such, it cannot be said that in case, the applicant

is ordered to be released on bail, he may not be available

for the trial.

14. The investigation, in the present case, is

complete and the case has now been listed on 6 th August, 8 2025:HHC:24524

2025, for recording the statements of the prosecution

witnesses.

15. Considering the apprehensions, which have

been expressed by the police, in the status report, this

Court is of the view that for those apprehensions,

reasonable conditions can be imposed, in case, the

applicant is ordered to be released on bail, during the

pendency of the trial.

16. Mere registration of two other cases against the

applicant, does not take away the presumption of

innocence, which is still available to him, as, admittedly, in

both the cases, he has not been convicted by the

Competent Court of Law. Moreover, no efforts have been

made by the police to get the bail, granted to the applicant,

in those cases, cancelled.

17.. The chances of conclusion of the trial, against

the applicant, in near future, are not so bright, as such, no

useful purpose would be served by keeping him in judicial

custody, for indefinite period.

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18. Considering all these facts, this Court is of the

view that the bail application is liable to be allowed and is

accordingly allowed.

19. Consequently, the applicant is ordered to be

released on bail in case FIR No. 148 of 2024, dated 10th

November, 2024, registered under Sections 21 and 29-61-

25 of the NDPS Act, with Police Station Haroli, District

Una, H.P., on his furnishing personal bail bond, in the sum

of ₹ 50,000/-, with one surety of the like amount, to the

satisfaction of the learned trial Court. This order, however,

shall be subject to the following conditions:

a) The 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) The 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