Himachal Pradesh High Court

Jermanjeet Kaur vs State Of Himachal Pradesh on 15 May, 2025

Author: Virender Singh

Bench: Virender Singh

( 2025:HHC:14075 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.


                                   Cr.MP (M) Nos.954 & 1007 of 2025
                                   Reserved on    :  13th May, 2025
                                   Decided on     :  15th May, 2025

                              Cr.MP (M) No.954 of 2025

Jermanjeet Kaur                                                           ...Applicant

                                          Versus

State of Himachal Pradesh                                              ...Respondent

                            Cr.MP (M) No.1007 of 2025

Ayush Soni                                                                ...Applicant

                                          Versus

State of Himachal Pradesh                                              ...Respondent

Coram

The Hon'ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1

For the applicant(s) : Mr. Jeevan Kumar & Mr. Lakshay Parihar, Advocates.

For the respondent : Mr. Varun Chandel, Mr. H.S. Rawat, and Mr. Mohinder Zharaick, Additional Advocates General assisted by ASI Sunit Kumar, Police Station Dharamshala, District Kangra, H.P.

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

2 ( 2025:HHC:14075 )

Virender Singh, Judge

The above named applicants have filed these

applications, under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (hereinafter referred to as the

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

pendency of trial, in case FIR No.17 of 2025, dated

22.01.2025, registered, under Sections 21, 25 and 29 of

the Narcotic Drugs and Psychotropic Substances Act,

(hereinafter referred to as the 'NDPS Act'), with Police

Station, Dharamshala, District Kangra, H.P.

2. According to the applicants, they are innocent

persons and have falsely been implicated by the Police in

the present case and presently, they are in judicial

custody.

3. Both the applicants have put forward the fact

that except the present case, no other case has been

registered against them.

4. Applicant Ayush Soni has asserted the fact that

he is working in Merchant Navy and in the month of May,

2024, returned back to India. Thereafter, he was trying to 3 ( 2025:HHC:14075 )

get admission for higher education and transferred the

amount of Rs.2,53,000/ to the account of his coaccused.

5. It is the further case of the applicants that the

investigation, in the present case, is complete and no

useful purpose would be served by keeping them in judicial

custody, as chances of commencement and conclusion of

the trial against them, in near future, are not so bright.

6. Applicants have filed similar applications before

learned Special JudgeIII, Kangra at Dharamshala, District

Kangra, however, their applications have been dismissed

vide order dated 2.4.2025 and 17.04.2025.

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

appearing for the applicants have given certain

undertakings, to which, the applicants are ready to abide

by, in case, the applicants are ordered to be released on

bail.

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

been made to allow the applications.

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

status report, disclosing therein, on 22.01.2025, HC 4 ( 2025:HHC:14075 )

Shashi Pal No.39, along with other police officials, was on

patrolling duty in official vehicle No.HP39E3253.

9.1. At about 12.50 a.m., in the midnight, when the

I.O., along with other police officials, reached at Petrol

Pump Sakoh, then he noticed a vehicle coming in the high

speed from Gaggal side.

9.2. On seeing the police vehicle, driver of the said

vehicle, all of a sudden take a cut and drove the vehicle at

a very high speed towards Sakoh side, as such, the I.O.

raised suspicion in his mind that some objectionable item

could be there in the vehicle, as such, he directed the

driver of his vehicle to chase the said vehicle, registration

number of which was HP39B9902.

9.3. When, the police vehicle was chasing the

vehicle bearing registration No.HP39B9902, its driver

increased its speed, upon which, the I.O. informed SI Vijay

Singh, who was already on patrolling, to intercept the said

vehicle coming on the Sakoh road.

9.4. After chasing the said vehicle, the driver of the

said vehicle drove the vehicle through Radio Colony link

road towards Chilgadi, however, in that process, the 5 ( 2025:HHC:14075 )

vehicle struck against the RCC retaining wall. Thereafter,

three boys were found to have alighted down from the

vehicle, who ran towards Rodikut road side.

9.5. One boy was nabbed by ASI Vijay Singh, at a

distance of 20 meters, however, other persons could not be

nabbed, as it was the night time. The person, so nabbed,

gave a fist blow on the right eye of ASI Vijay Singh. The

said person was overpowered by other police officials. On

inquiry, he disclosed his name as Shanshak Bisht. He also

disclosed the names of his companion, who allegedly ran

away from the sport, as Ayush Soni and Shwetang Shahi @

Shinu.

9.6. Constable Abhishek Kumar was sent to arrange

independent witness. At about 1.25 a.m., he came back

with one person namely Manoj Kumar, who was associated

as independent witness. In the presence of said

independent witnesses, the vehicle was searched and

during search, from underneath the foot mat of front seat,

a transparent polythene was found along with electronic

weighing scale.

6 ( 2025:HHC:14075 )

9.7. When the said polythene was opened, brown

coloured granual shaped substance was found, which on

smelling and on the basis of experience was found to be

Chitta/heroin. Accused Shashank Bisht also confirmed

the said fact. On weighment, the same was found to be 30

grams of Chitta.

10. After completion of other codal formalities, the

FIR, in question, was registered and the accused was

arrested. The contraband along with the vehicle was taken

into possession.

11. Thereafter, the medicolegal examination of ASI

Vijay Singh was got conducted. On 22.1.2025, applicant

Ayush Soni and accused Shwetang Kumar Shahi @ Shinu,

were also associated in the investigation and were arrested.

12. During investigation, applicant Ayush Soni and

accused Shwetang Kumar Shahi @ Shinu, has disclosed

that Raman Kumar is also dealing in the business of

Chitta/Heroin. FIR No.13/25, dated 15.1.2025, under

Section 21 of the NDPS Act, was found to be registered

with Police Station, Dharamshala against accused Raman

Kumar @ Rambo.

7 ( 2025:HHC:14075 )

13. Raman Kumar has introduced applicant Ayush

Soni and accused Shwetang Kumar Shahi @ Shinu with

the smuggler of Chitta namely Maninder Singh. Against

said Maninder Singh, case bearing FIR No.18/25, dated

24.01.2025, registered under Section 21, 25 and 29 of the

NDPS Act was found to be registered with Police Station

Dharamshala. Accused Raman Kumar was arrested in FIR

No.13/25 on 15.1.2025.

14. During investigation, involvement of Maninder

Singh and Rakesh Kumar was also found, who were stated

to have been arrested in FIR No.18/25.

15. On 24.1.2025, custody of Maninder Singh and

Rakesh Kumar was transferred from case No.18/25 to this

case and they were arrested on 27.1.2025.

16. During investigation, it has also been found

that applicant Ayush and accused Shinu used to transfer

the amount in the account of one Kulwant Kaur and

thereafter, Kulwant Kaur used to transfer the said amount

in the account of applicant Jermanjeet Kaur.

17. Accused Shwetang Kumar Sahi has transferred

a sum of Rs.1,88,000/, whereas, applicant Ayush Soni 8 ( 2025:HHC:14075 )

has transferred a sum of Rs.2,53,000/ to the account of

Kulwant Kaur. The said amount was transferred for

purchasing Chita. Applicant Jermanjeet Kaur in

connivance with her mother has transferred the amount of

Rs.8,40,370/ in her bank account.

18. Thereafter, the service provider was requested

to provide the CDRs of mobile number of accused

Shwetang Kumar Shahi, applicant Ayush, accused

Shashank and applicant Jermanjeet Kaur. On perusal of

those CDRs, location was accused applicant Ayush,

accused Shashank and Shwetang Kumar Shahi was found

to be in the area of Dharamshala to Daulatpur, on

21.01.2025, at 4.30 p.m., whereas, their location was

found to be at Dharamshala, on 12.30 a.m, at 22.1.2025.

19. It has also been found in the investigation that

accused Shwetang Kumar, applicant Ayush and accused

Shashank had purchased Chitta from accused Maninder

Singh and Rakesh Kumar at Mubirakpur, during night of

21.1.2025. Accused Maninder Singh and Rakesh Kumar

were arrested in FIR No. 18/25, registered under Section 9 ( 2025:HHC:14075 )

21 and 29 of the NDPS Act. Accused Kulwant Kaur was

arrested on 2.3.2025.

20. During investigation, it was found that accused

Kuwant Kaur had transferred the said amount to the

account of her daughter applicant Jermanjeet Kaur and

applicant Jermanjeet Kaur was proceeding towards Delhi

Airport, as her flight to Canada was scheduled for

3.3.2025, at 5.35 a.m. She was nabbed at Delhi Airport on

3.3.2025, at about 3.30 a.m. and was arrested.

21. After completion of the investigation, charge

sheet has been filed against applicant Ayush, Shwetang,

Shashank, Maninder Rakesh, Kulwant Kaur and applicant

Jermanjeet Kaur, in the Court of learned Additional

Sessions JudgeIV, Fast Track Court POCSO, Kangra at

Dharamshala. The case is now fixed for 2.6.2025, for

consideration on charge.

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

been made to dismiss the applications.

23. The contraband allegedly recovered from the

possession of accused persons, in this case, does not fall

within the definition of commercial quantity, as such, 10 ( 2025:HHC:14075 )

rigors of Section 37 of the NDPS Act are not applicable, in

the present case.

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

of the NDPS Act are not applicable, then, the next

question, which arises for determination, before this Court,

is as to whether the applicants are entitled to the relief as

claimed in the applications or not.

25. Investigation, in the present case, is complete

as such, it can be said that the custodial interrogation of

the applicants is not required by the Police. Moreover, the

chances of commencement and conclusion of the trial

against the accused persons, in near future, are not so

bright.

26. Except the present case, no other case is found

to have been registered against the applicants, as such, the

presumption of innocence is still available to the

applicants.

27. The bail application cannot be rejected, as a

matter of punishment, as, pretrial punishment is

prohibited under the law and punishment can only be 11 ( 2025:HHC:14075 )

imposed, after the full fledged trial, by competent Court of

law.

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

view that the bail applications are liable to be allowed and

are accordingly allowed. The applicants are ordered to be

released on bail in case FIR No.17 of 2025, dated

22.01.2025, registered, under Sections 21, 25 and 29 of

the NDPS Act, with Police Station, Dharamshala, District

Kangra, H.P., on their furnishing personal bonds, in the

sum of Rs.70,000/ each, with two sureties each, in the

like amount, to the satisfaction of learned trial Court.

29. This order of release, however, shall be subject

to the following conditions :

"a) Applicants shall appear before the I.O., as and when directed by the I.O. to do so and 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) Applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) Applicants 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 12 ( 2025:HHC:14075 )

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

30. 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 applications.

31. 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

applicants/petitioners.

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

the bail order to the Superintendent of Jail, Lala Lajpat Rai

Open Air Correctional Home, Dharamshala, District