Nikhil Thakur Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2026)

Nikhil Thakur Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2026)

What the court decided

AI extract

Outcome

Both petitioners enlarged on regular bail in FIR No.278 of 2025 on furnishing personal bond in the sum of Rs.2,00,000/- with two local sureties in the like amount each to the satisfaction of the concerned Chief Judicial Magistrate/trial Court, subject to conditions: (a) availability for interrogation and regular attendance at the trial Court on each date of hearing (exemption by appropriate application if prevented); (b) no tampering with prosecution evidence nor hampering the investigation; (c) no inducement, threat or promises to any person acquainted with the facts so as to dissuade disclosure to the Court or Police Officer; (d) no leaving the territory of India without prior permission of the Court. On misuse of liberty or violation of conditions, the investigating agency is free to move this Court for cancellation of bail. Downloaded copy of the order from the High Court website acceptable without certified copy. Observations confined to disposal of the applications.

Issue for consideration

Whether regular bail should be granted to Nikhil Thakur and Gaurav Verma, in custody since 27.01.2026, under Section 483 BNSS in FIR No.278 of 2025 (Sections 20, 25, 29 NDPS Act), Police Station Sundernagar, District Mandi. +1 more

Court's answer

Guilt, if any, of the petitioners is yet to be established on record by leading cogent and convincing evidence; the Court sees no reason to let the bail petitioners incarcerate in jail for an indefinite period during trial.

Ratio / Principle

Intermediate-quantity contraband was recovered from the conscious possession of the petitioners; the Court is therefore not persuaded to accept the contention that they were falsely implicated.

Key takeaways

The rigours of Section 37 of the NDPS Act are not attracted in the present case.ratio¶20
The petitioners, besides being students, are first offenders and the quantity of contraband recovered from them is intermediate; on these facts the Court was persuaded to consider the prayer for grant of bail.ratio¶20
The status report nowhere suggests that the bail petitioners are drug peddlers; rather it suggests they are consumers, and in the past no case under the NDPS Act stands registered against them.ratio

Detailed headnote1 paragraphs

Regular bail granted (S.483 BNSS) — NDPS intermediate-quantity case. Nikhil Thakur and Gaurav Verma, in custody since 27.01.2026, sought bail in FIR No.278/2025 (26.12.2025) under Sections 20, 25, 29 NDPS Act, PS Sundernagar, District Mandi, after 685 grams of charas was recovered from their car (DL-3C-DD 8275) near Pungh Four-Lane in the presence of independent witnesses. With the challan filed and investigation complete (nothing left to recover), the Court — noting recovery from conscious possession and declining the false-implication plea; the status report showing the petitioners to be consumers/first offenders (students) with no prior NDPS case; Section 37 rigours not attracted; and unproved guilt not justifying indefinite incarceration (Article 21) — allowed the petitions relying on Dataram Singh, Sanjay Chandra, Manoranjana Sinh and Prasanta Kumar Sarkar: bail on personal bond of Rs.2,00,000/- with two local sureties in the like amount each, with conditions on attendance, non-tampering, non-inducement and no exit from India without permission; cancellation open on misuse; observations confined to disposal of the applications.