ARVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 120 of 2025, dtd. 19/8/2025, registered in Police Station Dhalli, Shimla, District Shimla, H. P., for the commission of offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

(2.) It has been asserted that, as per the prosecution, the police were on patrolling duty on 19/8/2025 in the vicinity of the Dhalli area. They received a secret information at about 3.25 a.m. that Sunil Kumar, Arvinder Singh and Gurpreet Singh were present in a vehicle bearing registration No. PB-01D-2378, which was parked near the rear gate of Sacred Heart School. They were in possession of a contraband substance which could be recovered by their search. The police joined the independent witness and reached the spot, where the car was found parked. The person sitting in the driver's seat identified himself as Gurpreet Singh. The person sitting on the front seat identified himself as Arvinder Singh, and the person sitting on the rear seat identified himself as Sunil Kumar. The police searched the vehicle and recovered 29.840 grams of heroin kept beneath the foot mat of the rear seat. The police seized the heroin and arrested the occupants of the vehicle. The quantity of heroin stated to have been recovered by the police is intermediate, and the rigours of Sec. 37 of the NDPS Act do not apply to the present case. The police have filed the charge sheet. No fruitful purpose would be served by detaining the petitioner in custody. The recovery was effected from beneath the foot mat of the rear seat, and the petitioner was not in possession of the heroin. Gurpreet Singh has been enlarged on bail by the Court vide order dtd. 24/11/2025, passed in Cr.MP(M) No. 2676 of 2025, and the petitioner is entitled to bail on the principle of parity. The petitioner was convicted in FIR No. 35 of 2018. FIR No. 20 of 2025 and 29 of 2023 are pending against the petitioner. The petitioner belongs to a respectable family, and there is no chance of his absconding. He would abide by all the terms and conditions that the Court may impose upon him. Hence, it is prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report, asserting that the police were on patrolling duty on 19/8/2025. They received a secret information at about 3:25 am that a vehicle bearing registration No. PB-01D-2378 was transporting heroin, and a huge quantity of heroin could be recovered during its search. The information was credible. It was reduced to writing and was sent to the Supervisory Officer. The police joined Gopal Sharma and went towards the place where the vehicle was parked. The police found three people present in the vehicle. The driver identified himself as Gurpreet Singh, the person sitting on the front seat identified himself as Arvinder Singh, and the person sitting on the rear seat identified himself as Sunil Kumar. The police gave their search to the occupants of the vehicle and searched the vehicle. The police recovered a transparent polythene kept beneath the foot mat of the rear seat. The police checked the polythene packet and recovered 29.840 grams of heroin. The police seized the vehicle and the heroin and arrested the occupants. The heroin was sent to SFSL, Junga, and as per the result, it indicated the presence of Diacetylmorphine (heroin). The call detail records were obtained, and the occupants were found to be in touch with each other. The charge sheet has been filed before the Court, and the matter is listed on 7/3/2026 for recording the statements of prosecution witnesses. The petitioner is a resident of a different State, who is likely to abscond in case of his release on bail. The petitioner was convicted in FIR No. 35 of 2018. FIR Nos. 29 of 2023 and 20 of 2025 are pending against the petitioner before the Courts. The petitioner would indulge in the commission of a similar offence in case of his release on bail. Heroin harms society, and no leniency should be shown to the petitioner. Hence, the status report.