Sikander Lal vs State Of Himachal Pradesh

Virender Singh, J

Applicant­Sikander Lal has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 36/2025, dated 28.03.2025, under Sections 21 and 25 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Damtal, District Kangra, H.P.

According to the applicant, he is innocent person and has falsely been implicated, by the police, in this case.

According to him, the investigation, in the present case, is complete and the trial against him although, commenced, but, the same has not yet been concluded. It has been pleaded that only three PWs could be examined by the prosecution and case is now listed for 17.04.2026, for further evidence.

The contraband allegedly recovered, in the present case, according to the applicant, does not fall within the definition of ‘commercial quantity’, as such, the provisions of Section 37 of ND&PS Act are not applicable, in the present case.

According to the applicant, apart from the present case, five other cases have been registered against him, particulars of which, have been mentioned in para No. 8 of the application, which are reproduced, as under:­

FIR No. 22/2015, dated 22.09.2015, under Sections 341, 323, 504, 34 of IPC, Police Station Damtal;

FIR No. 137/2020, dated 16.09.2020, under Section 22 of ND&PS Act, Police Station Damtal;

FIR No. 212/2020, dated 10.10.2020, under Section 21, 22 of ND&PS Act of Police Station Div. No. 2 Pathankot, Punjab;

FIR No. 39/2023, dated 21.03.2023, under Section 21 of ND&PS Act, Police Station Damtal;

FIR No. 104/2024, dated 04.09.2024, under Section 21 of ND&PS Act, Police Station Damtal.

It is the further case of the applicant that although, the cases have been registered against him, but, he has not been convicted, in any of these cases, by the competent Court of Law.

The applicant has tried his luck earlier by moving application before this Court bearing Cr.MP(M) No. 2261 of 2025, which was dismissed as withdrawn on 11.09.2025. Thereafter, he has moved the application before the Court of learned Special Judge, Nurpur, District Kangra, H.P., which was also dismissed on 12.01.2026.

On the basis of the grounds as taken in the bail application, Sh. Vijender Katoch, learned Counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

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

When, put to notice, the police has filed the status report, disclosing therein, that on 28.03.2025, HC Hem Raj, I.O. ANTF FU CID Kangra, submitted a rukka to Police Station Damtal, disclosing therein that on 28.03.2025, he along with other police officials, in his private vehicle bearing No. HP36D­0401, was on duty to detect the crime relating to excise, was present in Mohtali Ramp, near Damtal. At about 11:45 am, he received a secret information about the fact that one person, along with motorcycle bearing No. PB55B­9840, is standing on the link road leading to village Sirat. The name of said person is stated to be Sikander and he is resident of Sirat and he was having Chitta, which he had kept in speedometer of his motorcycle and he was present there in order to sell the same to someone.

10.1 As per the secret information, if the said person is nabbed, large quantity of Chitta could be recovered. The said information was found to be authentic and reliable and according to I.O., if he obtains the search warrants, in that eventuality, delay could be caused and the contraband may be removed from there. As such, the I.O. has prepared the information under Section 42(2) of ND&PS Act and submitted the same to Dy. S.P. Indora. Thereafter, he proceeded to the spot.

10.2 When, the I.O., along with the police officials, turned towards the katcha passage to Village Sirat, then, he noticed one person standing there, upon which, I.O. directed the driver to stop the vehicle and inquired the name of said person. On inquiry, said person disclosed his name as Shivam Katoch son of Sh. Sanjay Katoch. He was apprised about the secret information and he, along with HC Jagvikrant, was associated as independent witness.

10.3 At about 12:40, in the noon, when the police party reached at the spot, as per the secret information, then, the said person along with motorcycle bearing No. PB55B­9840, was found standing there. The I.O. thereafter gave his personal identification, as well as, identification of the police officials, upon which, the said person became perplexed and tried to flee away by starting his motorcycle, but, he was nabbed. On inquiry, he disclosed his name as Sikander Lal (applicant). He could not give satisfactory answer for fleeing away.

10.4 Thereafter, his motorcycle was checked and near the speedometer, a blue and white coloured plastic box was found, which, on checking, was found containing black coloured plastic envelope. When the knot of the same was untied, the same was found containing dark brown and white coloured granular shaped substance, which, on checking with drug detection kit, was found to be heroin/chitta. On weighment, the said chitta was found to be 6.08 grams. The contraband was taken into possession.

10.5 Other codal formalities were completed. Rukka was prepared and submitted to the Police Station. After registration of FIR, accused (applicant) was arrested. The contraband, thereafter, was produced before the Court of learned JMFC Indora, from where, inventory proceedings were got conducted. The contraband was sent to FSL Junga, from where, positive report has been received.

10.6 The investigation, in the present case, is complete and challan has been filed in the Court, and out of 19 witnesses, 11 witnesses have already been examined and case is now listed on 17/18.04.2026, for recording the statements of remaining PWs.

10.7 As per the police report, apart from the present case, following four cases were found to be registered against the applicant, the particulars of which have been reproduced, as under:­

FIR No. 137/2020, dated 16.09.2020, under Section 22 of ND&PS Act, Police Station Damtal;

FIR No. 212/2020, dated 10.10.2020, under Section 21, 22 of ND&PS Act of Police Station Div. No. 2 Pathankot, Punjab;

FIR No. 39/2023, dated 21.03.2023, under Section 21 of ND&PS Act, Police Station Damtal;

FIR No. 104/2024, dated 04.09.2024, under Section 21 of ND&PS Act, Police Station Damtal.

10.8 On the basis of above facts, it has been apprehended that in case, the applicant is released on bail, he may again indulge in the similar activities and may coerce the witnesses.

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

First of all, coming to criminal cases registered against the applicant, admittedly, in those cases, he has not been convicted by the Competent Court of Law, nor, the police has made any efforts to get the bail cancelled in the above noted cases, by moving appropriate application.

Moreover, due to registration of those cases, applicant cannot be kept in judicial custody for indefinite period, as he was arrested, in this case, on 28.03.2025 and trial against him has not yet been concluded, since, as per the status report, case is listed for 17/18.04.2026, for prosecution evidence. From the above facts, it can be concluded that the chances of conclusion of the trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping him in judicial custody.

Moreover, the bail application cannot be rejected as a matter of punishment, as pre­trial punishment is prohibited under the law.

The contraband, allegedly recovered, in this case, from the possession of the applicant, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of ND&PS Act, are not applicable, in the present case.

So far as the other apprehensions are concerned, for those apprehensions, reasonable conditions can be imposed in case the applicant is ordered to be released on bail.

Taking into consideration the period of custody, coupled with the fact that the challan has been filed in the Court, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

Consequently, the applicant is ordered to be released, on bail, in case FIR No. 36/2025, dated 28.03.2025, registered under Sections 21 and 25 of the ND&PS Act, with Police Station Damtal, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 50,000/­, with two sureties of the like amount, to the satisfaction of the learned trial Court.

This order, however, shall be subject to the following conditions:­

“a) The 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 the appropriate application;

b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court.”

Any of the observations, made hereinabove, 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.

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 applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail Nurpur, District Kangra H.P. through e­mail, with a direction to enter the date of grant of bail in the e­prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub Jail Nurpur, District Kangra H.P., is directed to inform this fact to the Secretary, DLSA, Kangra. The Superintendent of Jail, Sub Jail Nurpur, District Kangra H.P. is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.