Himachal Pradesh High Court

Reserved On : 21St May vs State Of Himachal Pradesh on 23 May, 2025

Author: Virender Singh

Bench: Virender Singh

2025:HHC:15443

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.


                                            Cr. MP (M) No. : 1100 of 2025
                                            Reserved on : 21st May, 2025
                                            Decided on : 23rd May, 2025

Shoukat Ali                                                               ...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. N.K. Thakur Senior Advocate with Mr. Divya Raj Singh, Advocate.

For the respondent : Mr. Tejasvi Sharma & Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General assisted by HC Dinesh Kumar, No.09, Police Station Tissa, District Chamba, H.P.

Virender Singh, Judge

ApplicantShoukat Ali has filed the present

application, under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (hereinafter referred to as the

'BNSS'), with a prayer to release him on bail, during the

pendency of trial, arising out of FIR No.31 of 2025, dated

22.03.2025, registered, under Section 18 of the Narcotic

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

2 2025:HHC:15443

Drugs and Psychotropic Substances Act, (hereinafter

referred to as the 'NDPS Act'), with Police Station, Tissa,

District Chamba, H.P.

2. According to the applicant, he is innocent

person and has nothing to do with the contraband

allegedly shown to have been recovered from the

possession of the applicant, along with currency of

Rs.34,020/. The applicant has termed those allegations,

as false and fabricated.

3. According to the applicant, the recovery has

allegedly been effected from the house, which is not owned

by him. It is the further case of the applicant that the

investigating agency is inimical towards him, as, he has

been ropedin by the police in numerous cases, whereas,

no recovery has been effected from him, in any case.

4. Applicant has filed similar application before

learned Special JudgeII, Chamba, District Chamba,

however, his application has been dismissed vide order

dated 30.04.2025.

5. On the basis of the above facts, learned counsel

appearing for the applicant has given certain undertakings, 3 2025:HHC:15443

to which, the applicant is ready to abide by, in case, the

applicant is ordered to be released on bail.

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

been made to allow the application.

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

status report, disclosing therein, on 22.03.2025, HC Hem

Raj, has submitted a rukka to the police station for

registration of the FIR, disclosing therein, that on

22.3.2025, as per the departure report No.12, registered

with Police Station Sadar, Chamba, he had proceeded

towards Jangi area, in search of Shoukat Ali (applicant),

and during search said Shoukat Ali (applicant) was not

found at Jangi.

7.1. However, on the basis of secret information,

that the mobile phone of Shoukat Ali is 8894087805, his

location was found to be within the jurisdiction of Police

Station Tissa. As such, the I.O., along with other police

officials, reached at Police Station Tissa, in the search of

said Shoukat Ali, where, Rapat No.15 was got entered and

with the help of Police officials from the said Police Station,

Shoukat Ali was searched for and they reached at place 4 2025:HHC:15443

Dhanju, where he was found present in the house of

Mazeed Mohammad.

7.2. Thereafter, when Shoukat Ali (applicant) was

apprised about order No.RI/202513062, dated

21.3.2025, under Section 3(1) of the PITS in NDPS Act,

then, said Shoukat Ali (applicant) got perplexed. He

turned away, and threw a polythene packet and the

currency notes from his pocket and started making noise,

upon which, the I.O. with the help of the police officials

calmed down him and thereafter, the polythene envelope

was checked. The same was found to be containing black

coloured substance in it. On the basis of experience and

on smelling, it was found to be opium, which on

weighment was found to be 25.23 grams, whereas,

currency notes were found to be Rs.34,020/.

8. After completion of the other codal formalities,

the FIR, in question, was registered and the applicant was

arrested.

9. It is the further case of the police that the

applicant is addict of drugs and repenting upon his act. As 5 2025:HHC:15443

per the status report, following cases are found to have

been registered against him:

i) FIR No. 261 of 2005, dated 5.11.2005, under Section 379 of IPC and Section 3 of the PDP Act, with Police Station Sadar, District Chamba, in which, he has been acquitted on 31.01.2010.

ii) FIR No. 275 of 2017, dated 7.11.2017, under Section 452, 324, 307, 323, 147, 148, 149, 325, 107, 120B, 504 and 506 of IPC,with Police Station Sadar, Chamba, which is pending in the Clourt of learned Sessions Judge, Chamba and is listed for further order on 2.6.2025;

iii) FIR No.262 of 2023, dated 24.08.2023, under Sections 21 and 22 of the NDPS Act, with Police Station Chamba, which is pending in the Court of learned Special Judge, Chamba; in which, from the accused, 7.78 grams of Heroin, 80 capsules pregabalin 300 grams, 07 tablets Temidol 100 grams and 5 injections insulin, were allegedly recovered. The said case is listed on 25.6.2025; and

iv) FIR No.177 of 2024, dated 16.06.2024, under Section 21 of the NDPS Act, with Police Station Sadar Chamba, in which, accused was allegedly found to be in possession of 11.58 grams Heroin. The said case is stated to be pending in the Court of learned Special Judge, Chamba and listed on 9.6.2025.

10. It has also been mentioned in the status report

that after completion of the investigation, final report has

been filed on 19.05.2025, in the competent Court of law.

6 2025:HHC:15443

11. It has also been mentioned in the status report

that in case, the applicant is released on bail, he may again

indulge in the same activity. As such, a prayer has been

made to dismiss the application.

12. The contraband allegedly recovered from the

possession of the applicant, 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

the present case.

13. When, the police had taken a specific stand

that the applicant is in the habit of consuming narcotic

drugs and repenting upon his act, then mere registration of

the cases, details of which have been reproduced above, is

too short to decline the relief of bail, as claimed by the

applicant in this case.

14. Even otherwise, the bail application cannot be

rejected, as a matter of punishment, as, pretrial

punishment is prohibited under the law and punishment

can only be imposed, after the full fledged trial, by

competent Court of law.

7 2025:HHC:15443

15. The applicant is permanent resident of Chamba,

as such, it cannot be apprehended that in case, he is

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

trial.

16. Investigation, in the present case, is complete

and the challan has been filed, in the competent Court of

Law on 19.05.2025. The chances of commencement and

conclusion of the trial, against the applicant in near future

are not so bright, as such, no useful purpose would be

served by keeping the applicant in the judicial custody,

that too for indefinite period.

17. So far as the apprehensions, which have been

expressed by the police, in the status report, are

concerned, for those apprehensions, reasonable conditions

can be imposed, in case, the applicant is ordered to be

released on bail.

18. Cumulative effect of the above discussion is

that the applicant is able to make out a case for releasing

him on bail. Consequently, the application is allowed and

the applicant is ordered to be released on bail during the

pendency of the trial, arising out of FIR No.31 of 2025, 8 2025:HHC:15443

dated 22.03.2025, registered, under Section 18 of the

NDPS Act, with Police Station, Tissa, District Chamba,

H.P., on his furnishing personal bonds, in the sum of

Rs.50,000/, with one surety, in the like amount, to the

satisfaction of learned trial Court/Chief Judicial Magistrate

Chamba.

19. This order of release, 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

d) Applicant shall not leave the territory of India without the prior permission of the Court."

20. Any of the observations made herein above shall

not be taken as an expression of opinion on the merits of

the case as these observations are confined only to the

disposal of the present bail application.

9 2025:HHC:15443

21. It is made clear that the respondentState is at

liberty to move an appropriate application, in case, any of

the bail conditions is found to be violated by the bail

applicant/petitioner.

22. The Registry is directed to forward a soft copy of

the bail order to the Superintendent of Jail, District Jail,