Himachal Pradesh High Court
Neeraj vs State Of Himachal Pradesh on 7 March, 2025
Author: Virender Singh
Bench: Virender Singh
( 2025:HHC:5507 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MP (M) No.457 of 2025
Decided on : 7th March, 2025
Neeraj ...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. Hemant Kumar Thakur,
Advocate.
For the respondent : Mr. Rohit Sharma, Deputy Advocate
General.
Virender Singh, Judge (oral)
ApplicantNeeraj, apprehending his arrest, in
FIR No.20 of 2025, dated 05.03.2025, registered under
Section 20 of the Narcotic Drugs & Psychotropic
Substances Act (hereinafter referred to as the ‘NDPS Act‘),
with Police Station, Sunni, District Shimla, H.P., has filed
the present application, under Section 482 of the Bharatiya
1
Whether Reporters of local papers may be allowed to see the judgment? Yes.
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Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
‘BNSS’).
2. By way of the present application, a prayer has
been made to direct the police of Police Station, Sunni, to
release the applicant on bail, in the event of his arrest in
the above said case.
3. According to the applicant, he has falsely been
named as accused, in this case.
4. As per the applicant, on 5.3.2025, at about
8.00 p.m., an anonymous complaint was made at Police
Station Sunni, alleging that the driver of Mahindra Pick up
bearing registration number HP30A2555, was seen
throwing a suspicious bag in the forest area along Nabha
to Sunni Road. Subsequently, the police of Police Station
Sunni conducted a search operation in the said area and
allegedly recovered 477 grams of Charas.
5. According to the applicant, without conducting
proper investigation or verification, the police officials have
implicated the petitioner merely on the basis of the fact
that the petitioner is the driver of the vehicle bearing
registration No.HP30A2555.
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6. The applicant, has given certain undertakings,
for which, he is ready to abide by, in case, any direction is
issued to the Police/Investigating Officer, under Section
482 of the BNSS.
7. On all these submissions, a prayer has been
made to allow the application.
8. When put to notice, the police has filed
the status report, disclosing therein, that on 04.03.2025,
investigation officer of the case, along with other police
official, was on patrolling duty and duty to detect crime
relating to excise and narcotic drugs.
8.1. At about 10.50. p.m., when, the police party
was present at a place known as ‘Hari Bawari’, then, the
I.O. received a secret information, regarding indulgence of
Neeraj (applicant), coming from Luhri side, having large
quantity of charas. According to the secret information, he
was coming to Tattapani to supply the same.
8.2. The said information was found to be authentic
and reliable. As per the I.O., in case, he would have
obtained search warrants, in that situation, the accused,
as well as, the contraband could not be found there. As
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such, the I.O. has complied with the provisions of Section
42(2) of the NDPS Act and submitted the report to the
superior officer.
8.3. Thereafter, picketing was done. At about 11.10
p.m., from Luhri Chaba side, the aforesaid pickup was
noticed, being driven by its driver. With the help of search
light, the driver of the said vehicle was directed to stop,
upon which, the vehicle was stopped and one person was
found sitting in it.
8.4. On inquiry, the driver disclosed his name as
Neeraj (applicant). Since the road was narrow at the spot,
as such, the applicant, by saying that he will park the
vehicle in the side of the road, had reversed the same, at
high speed, for about 100 meters. Thereafter, after parking
the vehicle on the side of the road, he had thrown a white
coloured packet from the vehicle towards lower side of the
road and fled away from the spot.
8.5. Thereafter, the police party tried to nab the said
vehicle, but, the applicant had drove the vehicle at a high
speed, hence, the police could not ascertain the fact
whether he had gone to Basantpur side or Sunni side.
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Thereafter, search was conducted to nab him. When the
packet thrown by him was opened, the same was found to
be containing charas, which, on weighment was found to
be 477 grams.
9. On the basis of the above facts, the FIR in
question has been registered.
10. Heard.
11. In this case a specific stand has been taken by
the Police that the applicant is not joining the investigation
of the case. The investigation, qua the fact as to from
where, he had brought the charas and where, he was going
to sell it, is yet to be conducted. Hence, a prayer has been
made to dismiss the application.
12. In the status report, name and address of the
accused (applicant) has clearly been mentioned. The
accused (applicant) allegedly threw away the packet,
containing 477 grams of charas and thereafter, fled away
from the spot, while driving away his vehicle.
13. Considering all these facts, this Court is of the
view that at the time of deciding the question of bail, a
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delegate balance between the individuality and the larger
interest of the society is to be considered.
14. The NDPS Act is a special statute and keeping
in view the adverse impact of the narcotic drugs on the
society, especially, on the young generation, this Court is
of the view that the applicant is not entitled to any relief
under Section 482 of the BNSS. In case, any direction is
issued to the Police not to arrest the applicant, it will give
wrong signal to the society.
15. Not only this, if any restriction is put upon the
police/investigating officer, then, it will encourage/allure
other persons to indulge in such type of activities, since, a
person, named as accused, for allegedly possessing 477
grams of Charas, is still moving freely in the society.
16. Considering all these facts, no case to pass any
direction, in favour of the applicant, under Section 482
BNSS, is made out, at this stage. Consequently, the bail
application of the applicant is dismissed.
17. Any of the observations, made herein above,
shall not be taken as an expression of opinion, on the
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merits of the case, as these observations, are confined,
only, to the disposal of the present bail application.
( Virender Singh )
Judge
March 07, 2025(ps)