Himachal Pradesh High Court
Ujyant Sharma vs State Of Himachal Pradesh on 28 March, 2025
Author: Virender Singh
Bench: Virender Singh
( 2025:HHC:8246 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MP (M) No. 545 of 2025
Reserved on : 27.03.2025
Decided on : 28.03.2025
Ujyant Sharma ...Applicant
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 Yes. For the applicant : Mr. Devender K. Sharma, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General.
Virender Singh, Judge ApplicantUjyant Sharma, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.31 of 2025, dated 06.02.2025, registered, under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 ( 2025:HHC:8246 ) (hereinafter referred to as the 'NDPS At'), with Police Station Sadar Mandi, District Mandi, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case.
3. As per the applicant, investigation, in the present case, is complete and nothing is to be recovered from the applicant or at his instance.
4. It is the further case of the applicant that earlier FIR No. 211 of 2015, dated 12.09.2015, under Section 341, 323, 504 IPC, was registered against him, however, the said matter has now been compromised and the applicant was acquitted on 30.01.2016. Apart from this, FIR No.93 of 2013, dated 17.4.2013, under Section 323, 504, 34 IPC is also stated to have been registered against him. However, in the said case, the matter has also been compromised and he was acquitted vide order dated 23.11.2023.
5. According to the applicant, the following drugs were allegedly found in the premises of accused Ajay Kumar: 3 ( 2025:HHC:8246 ) "i) 690 tablets of Nitrazepam containing 10 mg in one tablet as such total weight of the prohibited drugs in these tablets is 6.9 gram.
ii) 367 tablets of Clonazepam IP KLO jack containing 0.5 mg in one tablet as such the total weight of the prohibited drugs in these tablets is 1.835 gms.
iii) 639 tablets of Alrazolam and Erazol containing 0.5 mg in one tablet as such the total weight of the prohibited drugs in these tablets come for 3.145 gms."
6. It is the case of the applicant that he has no concern with accused Ajay Kumar.
7. The applicant has also tried his luck by moving similar application, before learned Special JudgeII, Mandi, District Mandi, however, his application was dismissed as withdrawn, vide order, dated 14th February, 2025. Thereafter, the applicant has again filed similar application, which was dismissed on 5th March, 2025.
8. The applicant has given certain undertakings, to which, he is ready to abide by, in case, he is ordered to be released on bail.
9. On the basis of the above facts, a prayer has been made to allow the application.
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10. When put to notice, the police has filed the status report disclosing therein, on 06.02.2025, ASI Anup Kumar, along with other police official, was on patrolling duty within the jurisdiction of Police Station Sadar Mandi District Mandi Himachal Pradesh.
10.1. At about 1:00 pm, when, the police party was present near the gate of Old Mandi Government School, then, the I.O. received a secret information that Ajay Kumar son of Inder Singh, who is running a shop in the name and style of Baniyaal Medical Store, in Old Mandi, which is closed for the last about 2 months and is residing in the building of Prem Singh in Old Mandi, was selling narcotic drugs to his customers, which are completely prohibited.
10.2. The said information was found to be authentic and reliable. As per the I.O., due to paucity of time, in case, he would have obtained search warrants, in that situation, the possibility of removal of the contraband was there. As such, the I.O. complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to his superior.
5 ( 2025:HHC:8246 ) 10.3. Thereafter, the I.O. had informed Drugs Inspector, Pawan Kumar. When, the Drugs Inspector has come, thereafter, they had proceeded towards the spot. On the way, the I.O. had associated Parv Thakur and Hari Singh, as independent witnesses, after apprising them about the secret information.
10.4. At about 1.50 p.m., they reached at the spot and the door of the residence of Ajay Kumar was knocked. On opening the door, two persons were found in the room. On inquiry, they have disclosed their name as Ajay Kumar and Ujyant Sharma (applicant). They were also apprised about the secret information, which the I.O. had received. 10.5. Thereafter, the room was searched and during search, 694 tablets of NITRAZEPAM IP, 367 tablets of CLONAZEPAM IP and 630 tablets of ALPRAZOLAM, were found. The accused persons could not produce any license or valid permit. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR.
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11. On the basis of the Rukka, so submitted, the FIR in question was registered and the accused persons were arrested.
12. The contraband, so recovered, was sent to SFSL Junga, from where positive report has been received and the result of the same is reproduced as under: Laboratory Examination & Result Klojack0.5 The representative sample (thirty seven tablets) from the exhibit stated to be tablets of Klojack0.5 was taken out and homogenized. The homogeneous sample was analyzed using physical, chemical, chromatographic (ILC), and instrumentation (GCMS) methods. The analysis revealed the presence of Clonazepam in the exhibit. The result thus obtained is given below.
The exhibit stated to be tablets of KLOJACK0.5 is a sample of Clonazepam tablets ERAZOL0.5 The representative sample (sixty seven tablets) from the exhibit stated to he tablets of Erazol 0.5 taken out and homogenized. The homogeneous ample was analyzed using physical, chemical, chromatographic (TLC), and instrumentation (GCMS) methods. The analysis revealed the presence of Alprazolam in the exhibit. The result thus obtained is given below.
7 ( 2025:HHC:8246 ) The exhibit stated to be tablets of ERAZOL 0.5 is a sample of Alprazolam tablets.
NITZEP10 The representative sample (eighty one tablets) from the exhibit stated to be tablets of Nitzep10 was taken out and homogenized. The homogeneous sample was analyzed using physical, chemical, chromatographic TLC), and instrumentation (GCMS) methods. The analysis revealed the presence of Nitrazepain in the exhibit. The result thus obtained is given below.
The exhibit stated to be tablets of NITZEP 10 is a sample of Nitrazepam tablets.
13. The investigation, according to the status report, is complete and the charge sheet has been prepared on 19.03.2025, which is now pending scrutiny before the District Attorney.
14. In the status report, it has been apprehended that in case, the applicant is released on bail, he may again indulge in the same activities. As such, a prayer has been made to dismiss the application.
15. As per the report of the SFSL, which has been reproduced above, the contraband, which is at serial No.1, 367 tablets Klojack 0.5, is sample of Clonazepam tablets 8 ( 2025:HHC:8246 ) and the total weight of the same was found to be 80.006 grams. As per entry No.189 of the notification specifying small quantity and commercial quantity, the small quantity is stated to be 5 grams and commercial quantity is 100 grams, as such, the same also does not fall within the definition of commercial quantity.
16. Similarly, the contraband, which is at serial No.2, 630 tablets Erazol 0.5, is sample of Alprazolam tablets and the total weight of the same was found to be 78.750 grams. As per entry No.178 of the notification specifying small quantity and commercial quantity, the small quantity is stated to be 5 grams and commercial quantity is 100 grams, as such, the same does not fall within the definition of commercial quantity.
17. The contraband, which is at serial No.3, 694 tablets of Nitzep 10, is sample of Intrazepam tablets and the total weight of the same was found to be 154.068 grams. As per entry No.221 of the notification specifying small quantity and commercial quantity, the small quantity is stated to be 20 grams and commercial quantity 9 ( 2025:HHC:8246 ) is 500 grams, as such, the same also does not fall within the definition of commercial quantity.
18. This exercise has been done by this Court, in order to ascertain as to whether the contraband, so recovered, falls within the definition of 'commercial quantity' or 'intermediate quantity'. Although, the police has registered the case under Section 22 of the NDPS Act and all the three substances fall within the definition of NDPS Act, but, when the notification specifying small quantity and commercial quantity, has specified the small quantity and commercial quantity differently, then the substance found in three different types of tablets cannot be clubbed together.
19. Considering the fact that the notification issued by the Ministry of Finanace Department of Revenue, has prescribed different quantities to be small quantity, this Court is of the considered view that the contraband, so recovered, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case.
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20. In view of the fact that the investigation, in the present case, is complete and challan has been prepared, this Court is of the view that no useful purpose would be served by keeping the applicant in the judicial custody, that too, for indefinite period.
21. Moreover, the trial of the case will take sufficient long time, as such, no useful purpose would be served by rejecting the application, which would amount to convict the applicant, prior to trial. Pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial.
22. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.31 of 2025, dated 06.02.2025, registered, under Sections 22 and 29 of the NDPS Act, with Police Station Sadar Mandi, District Mandi, H.P., on his furnishing personal bond, in the sum of Rs.50,000/, with one surety, in the like amount, to the satisfaction of learned Chief Judicial Magistrate/any Judicial Magistrate First Class, stationed at Mandi.
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22. This order of release, however, shall be subject to the following conditions : "a) Applicant shall make himself available for the purpose of interrogation, if so required 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) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) 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) Applicant shall not leave the territory of India without the prior permission of the Court."
23. 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 application.
24. 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 applicant/petitioner.
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25. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, District Jail, Mandi, District Mandi through email, with a direction to enter the date of grant of bail in the eprison software.
26. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, District Jail, Mandi, District Mandi, is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent Jail, District Jail, Mandi, District Mandi, 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.
( Virender Singh ) Judge March 28, 2025(ps) Digitally signed by RAJNI Date: 2025.03.28 17:17:14 IST