Deepak Minhas vs State Of H.P

Virender Singh, J

Applicant-Deepak Minhas, apprehending his arrest, in Case FIR No.118 of 2025, dated 24.09.2025, registered under Sections 18, 20, 29/61 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Amb, District Una, H.P., has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS).

By way of the present application, indulgence of this Court has been sought, by the applicant, to direct the IO/Police of Police Station, Amb, District Una, H.P., to release him on bail, in the event of his arrest, in the above mentioned FIR.

According to the applicant, he is innocent person and has falsely been implicated, in the present case. He has termed the case registered against him, as false.

The applicant had earlier tried his luck by moving the similar application, befo e the learned Special Judge-I, Una, District Una, H.P., however, his application has been dismissed vide rder dated 25.10.2025.

Reasserting the fact that the applicant is permanent resident of village Dhamandri, Tehsil and District Una, H.P. It has been pleaded that he is having deep roots n the society.

Elaborating his stand, it has been pleaded that Rajat Thakur requested him to give lift to Amb, as he intended to pay obeisance in the Dera of Baba Pindi Dass at Amb. Consequently, Rajat Thakur, according to the applicant, was dropped at Amb, Hamirpur Chowk. Thereafter, the applicant had no concern whatsoever with the crime in question and has falsely been implicated, in this case.

On all these facts, Mr. N.K. Thakur, Senior Advocate, assisted by Shri Divya Raj Singh, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any direction is given to the police under Section 482 of BNSS.

On the basis of the ab ve facts, a prayer has been made to allow the applica ion.

When put to notice, the police has filed status report disclosing therein, that on 24.02.2025, HC Anush Kumar No.21 IO, SIU Una, under the leadership of ASI Trilochan Singh and other police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotic drugs and gambling. When, HC Anush Kumar at about 3:50 PM, was present at Panjoa, then, he received a secret information regarding the fact that on Amb to Hamirpur road near Rainshelter, one person, who allegedly had worn light pink coloured T-shirt and black coloured Jeans and having sky blue coloured carry bag, is indulged in the sale of opium and charas.

9.1. As per information, if the said person is checked, a large quantity of opium and charas could be recovered. The said information was found to be authentic and reliable and according to the IO, in case of obtaining the search warrant/application letter, the said person may flee away from the spot and contraband could be removed. As such, the IO complied with the provisions of Section 42(2) of NDPS Act and submitted the report to SDPO Amb.

9.2. Thereafter, Deepak Sharma Son of Gopal Swaroop, met him in Panjoa market, who was apprised about the information received by the IO and his consent was obtained f r ass ciating him, as independent witness. Thereafter, they had proceeded towards the spot and at about 4:50 PM, they reached Amb to Hamirpur road, where, as per t e information, in Rainshelter, a person wearing light pink shirt and black Jeans having a white and sky blue coloured carry bag was noticed, IO gave his identification to him and also apprised him about the secret information. Thereafter, his name and address were ascertained.

9.3. On inquiry, he has disclosed his name as Rajat Thakur Son of Ajay Kumar, resident of House No.305, Block Harinagar, Hoshiarpur. Thereafter, the IO, inquired him about the reason for sitting there, upon which, he has stated that his neighbour Deepak Minhas son of Harbajan Singh, with whom, he came there, in vehicle No.PB-07AC-6391 Maruti Ritz, directed him to wait along with the carry bag and had gone somewhere. Thereafter, the carry bag, was searched.

9.4. On search of the carry bag, two polythene envelopes were found there. When, first polythene was opened and checked, the same found containing black coloured ball shaped substance, whereas, on smelling and experience, the same was found to be charas and on weighment, the same was found to be 200 grams.

9.5. Thereafter, the second polythene envelope was opened, which, on opening, was found to be dark brown coloured sticky substance, which, on smelling and experience was found to be opium. On weighment, the said opium was found to be 705 grams.

9.6. Both the contraband were taken into possession and other codal formalities were completed. After registration of the FIR, accused Rajat Thakur was arrested.

9.7. During investigation, accused Rajat Thakur had also disclosed the police that the contraband belongs to his companion Deepak Minhas (applicant) and he is the person to put and brought the same, as such, Section 29 of the NDPS Act, was added, in this case.

9.8. It is the further case of the police that CDRs of the mobile phone of Rajat Thakur and applicant-Deepak Minhas were obtained. At the relevant time, i.e. on 24.09.2025, during day time, their locations were found to be at Neriyan. As disclosed by accused-Rajat Thakur, the police checked the Toll Tax Barrier at Inter State Border at Gagret and CCTV footage was checked. Vehicle No.PB07AC-6391, in which, allegedly acc sed Rajat Thakur and Deepak Minhas were f und to be moving towards Gagret from Hoshiarpur.

On the basis of the above facts, a prayer has been made to dismiss the application.

The applicant has been named in a case registered under Sections 18 and 20 read with Section 29 of NDPS Act. At this stage, it is not the case of the police that the involvement of the applicant was found, on the basis of the alleged disclosure made by the his co-accused Rajat Thakur. Rather his involvement is also stated to be found on the basis of the CCTV footage, as well as, the CDRs.

The investigation of the present case is at the initial stage and any restriction upon the investigation of the police would give a wrong signal to the society that after committing, such a heinous crime, the person is moving freely in the society.

Any direction in favour of the applicant, under Section 482 of BNSS, would also encourage other people to commit such type of offence to bec me rich overnight and the exercise of the powers under Section 482 of BNSS, in such type of cases, is also against the legislative intent in enacting NDPS Act.

The NDPS Act has been enacted by the legislature in its wisdom, with a view to curb the menace of drugs, w ich is eating the vital of the society, as young generation is being ruined, due to this menace.

It has rightly been highlighted by the learned Additional Advocate General that applicant-Deepak Minhas and the accused person-Rajat Thakur are from the same area and accused Rajat Thakur was found along with the contraband at a secluded place in the rainshelter and when, inquired about his presence, he has disclosed that he has been dropped by Deepak Minhas (applicant) with a direction to wait for him, along with the contraband.

At this stage, detailed discussion about the merits of the case should be avoided, as the same may cause prejudice to the case of the prosecution, as well as, the case of the accused (applicant).

Considering the fact that the investigation, in the present case, is at the initial stage and the investigation of the person, who is having the pro ection in his favour, under Section 482 of BNSS is not esult oriented, as the custodial interrogation is more res lt oriented.

Considering all these facts, the applicant is not able to make out a case for exercise of the powers under Section 482 of BNSS, by this Court, in his favour. Consequently, the bail application is dismissed.

Any of the observations, made herein above, shall not be taken as an expression of opinion, on the merits of the case, as there observations, are confined, only, to the disposal of the present bail application.