Authority: High Court of Himachal Pradesh, Shimla

Order Date: 8 July 2026

Case Overview

  • Petitioner: Karan (bail petitioner)
  • Respondent: State of Himachal Pradesh
  • FIR Details: FIR No. 43 of 2026 dated 19‑April‑2026, registered at Police Station Dhanotu, District Mandi, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).
  • Seizure Facts: On 19‑April‑2026, police stopped an HRTC bus (registration No. HP03B6144) on the Mandi‑Sundernagar Four‑Lane at Tarot. A passenger seated at seat No. 46 attempted to discard an item from his bag; police searched him in the presence of independent witnesses and recovered 124 grams of charas.
  • Detention: The petitioner has been in custody since 19‑April‑2026 (over two and a half months) with no charge framed to date.
  • Legal Provisions Invoked: Bail petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court noted that the recovered quantity is “intermediate,” so the rigors of Section 37 of the NDPS Act are not attracted.
  • Prior Proceedings: The court referenced earlier orders dated 15‑May‑2026 and 17‑June‑2026, wherein the State filed a status report and the ASI presented the record.
  • Counsel Arguments:
  • Petitioner’s counsel (Mr. H.S. Rangra) argued false implication, lack of recovery from the seat, and that the petitioner has already suffered 2½ months in custody.
  • State’s counsel (Mr. Rajan Kahol, Additional Advocate General) contended the petitioner’s past case indicates a drug‑peddler and warned of possible flight or repeat offence if released.
  • Court’s Reasoning: The court rejected the claim of false implication, finding the charas recovered from the petitioner’s conscious possession. It acknowledged the petitioner’s prolonged detention, the absence of a framed charge, and the intermediate quantity, concluding that bail is appropriate. The court also observed that the petitioner appears to be a drug addict requiring medical assistance rather than a peddler.

Final Outcome

  • The bail petition is allowed.
  • The petitioner is ordered to be enlarged on bail in FIR 43/2026, subject to:

1. Personal bond: Rs 1,00,000.

2. Two sureties: Each of Rs 1,00,000, to be furnished to the concerned Chief Judicial Magistrate/Trial Court.

3. Conditions:

  • (a) Appear for interrogation if required and attend every trial date; seek exemption if unable to attend.
  • (b) Not tamper with prosecution evidence or hamper investigation.
  • (c) Not induce, threaten, or promise any person acquainted with the case to withhold information.
  • (d) Not leave the territory of India without prior Court permission.
  • The investigating agency may move the Court for cancellation of bail if any condition is violated.
  • The order may be produced as a copy downloaded from the High Court website; the trial court need not insist on a certified copy.

Topics: Bail, NDPS Act, Drug Offence