Dharam Pal Vs State of Hp

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( 2025:HHC:30053 )

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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Cr.MP(M) No.1774 of 2025 Reserved on:- 01.09.2025 Date of Decision: 04.09.2025

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Dharam Pal …Applicant Versus

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State of H.P. …..Respondent

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Coram:

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The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?¹

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For the applicant : Mr. Arun Sehgal, Advocate. For the respondent : Mr. Varun Chandel, Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General, assisted by ASI Mahesh Kumar, Police Station, Nalagarh, Police District, Baddi, H.P.

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Virender Singh, Judge

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By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Dharam Pal has sought his release, on bail, during the pendency of the trial, arising out of FIR No.279 of 2024, dated 29.09.2024, registered under Sections 15, 29-61-85 of the Narcotic Drugs &

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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( 2025:HHC:30053 )

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Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Nalagarh, District Solan, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in this case.

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According to him, he has no connection whatsoever, with the alleged crime and the prosecution has made out totally a false, frivolous and concocted story against him.

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As per the stand of the applicant, he belongs to a reputed family and has unnecessarily been dragged in the present case.

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According to the applicant, the investigation in the present case, is completed and no useful purpose would be served, by keeping the applicant in judicial custody.

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The applicant had earlier tried his luck by moving the similar bail application before the Court of learned Special Judge-III, Solan, H.P. However, the said application was dismissed, vide order dated 16.06.2025.

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Apart from this, Mr. Arun Sehgal, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide

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by, in case, ordered to be released on bail, during the pendency of the trial.

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

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When, put to notice, the police has filed the status report, disclosing therein, that on 29.09.2024, ASI Ranjeet Singh, along with the other police officials, in private Vehicle No.HP20E-7521 and HP12J-6915, was on patrolling duty and duty to detect the crime relating to excise and narcotics, in the territorial jurisdiction of Police Station, Nalagarh. When they were present near playground in village Tirla, then, at about 1:00 PM, he received a secret information, about the indulgence of Naresh Kumar, resident of Mahua, Tehsil Nalagarh, District Solan, H.P., in an illegal business of selling poppy husk. As per the information, Naresh Kumar is selling poppy husk to customers at their residences and he had concealed the poppy husk in his residential house, as well as, in his Cowshed.

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9.1. As per the information, in case, said Naresh Kumar is nabbed and his house and cowshed are searched, then, a large quantity of poppy husk could be recovered. According to the IO, if, he would have obtained the search warrants, then,

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delay could have occurred and in that eventuality, there were chances of removal of contraband from there.

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9.2. As the information was authenticated and reliable, a report under Section 42(2) of NDPS Act, was prepared and submitted to SDPO Nalagarh. Thereafter, they proceeded towards the spot and when, they reached outside village Mahua, Sanjay Kumar and Kamal Nayan met, who were apprised about the factual position and were associated in the raiding party, as independent witnesses. Thereafter, they reached the residential house of Naresh Kumar, where a person was found present, IO gave his identification, as well as, identification of the raiding party to the said person.

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9.3. On inquiry, the said person disclosed his name as Naresh Kumar son of Amar Chand. Thereafter, his house was searched. During search, 60.983 kg poppy husk was recovered.

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9.4. After completing other formalities, rukka was prepared and submitted to Police Station, upon which, FIR, was registered and said Naresh Kumar was arrested. Thereafter, the case property was produced before the Court for conducting the inventory proceedings, under Section 52A of ND&PS Act. Subsequently, sample was sent to SFSL, Junga.

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9.5. The accused was produced before the Court, from where, he was remanded to police custody. During the police custody, he has disclosed that one Dharam Pal, son of Prem Lal, resident of village Chori, Post Office Saur, Tehsil Ramshehar, District Solan, (applicant) is partner in the crime in qeustion, as, they used to purchase contraband from the adjoining State and thereafter, sell the same.

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9.6. Thereafter, the CDRs of mobile phone of Naresh Kumar, bearing No.98165-09228 and 70188-81990 were obtained. The perusal of the same shows that accused Naresh Kumar was having long conversation with Dharam Pal (applicant).

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9.7. On 06.10.2024, ASI Narayan Dev, searched for Dharam Pal (applicant). He was found in his village and thereafter, his residential house was searched. During search of his residential house, poppy husk, weighing 436 grams, was recovered, upon which, FIR No.48 of 2024, was registered, with Police Station, Ramshehar.

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9.8. On the basis of the investigation, spot visit, statements of the witnesses, as per the revelation made by accused Naresh Kumar and as per the recovery of poppy husk, from Dharam Pal (applicant), he was arrested on 06.10.2024

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under Sections 15, 29 of ND&PS Act. Thereafter, he was remanded to police custody, but, even during police custody, he has not disclosed about the source.

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9.9. After complying with the provisions of Section 52A, the sample was sent to SFSL, Junga, from where, positive report has been received.

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9.10. It is the further case of the police that two more cases, were found to be registered against the applicant:-

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(i) FIR No.61 of 2019, dated 21.02.2019, registered under Section 15 of NDPS Act, with Police Station Nalagarh.

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(ii) FIR No.48 of 2024, dated 07.10.2024, registered under Section 15 of NDPS Act, with Police Station Ramshehar.

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

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The applicant has approached this Court for seeking the relief of bail, on the ground that the police could not collect any evidence to connect the applicant, with the crime in question.

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When, a person is approaching the Court, he is bound to disclose each and every material fact, especially, the criminal history, as the criminal history of the person, seeking

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relief of bail is also one of the relevant factors, while considering the question of bail.

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As per the status report, two more cases under the provisions of Section 15 of the NDPS Act, were found to be registered against Dharam Pal (applicant) with Police Station Nalagarh, as well as Police Station, Ramshehar, as detailed above. However, the applicant has not bothered to mention these material facts in the bail application.

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In view of this, without considering the other grounds, the relief, for which, the applicant has filed, the present application, is liable to be declined to him, as he has concealed the material facts with regard to registration of the two cases against him.

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Considering all these facts, the applicant is not able to make out a case for grant of bail, at this stage. Consequently, the bail application is dismissed.

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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.

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(Virender Singh) Judge

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September 04, 2025 (subhash)

Dharam Pal v. State of Hp

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Dharam Pal v. State of Hp

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