Headnote
AI-drafted · Reviewed and approved
Four bail petitioners — Vikram, Rakshit Chauhan, Sahil Kumar and Rahul Sharma — were implicated in FIR No.21 of 2024 dated 14.02.2024 registered at Police Station Theog, District Shimla under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The FIR originated from the recovery of 12.06 grams of heroin from the main accused Prikshit Dhani, who was apprehended by a police patrol party near Ekant Vatika, Theog. The four petitioners were subsequently implicated on the basis of call detail records (CDRs) and bank account transactions linking them to the main accused. All four petitioners sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), their respective bail applications before the trial court having been rejected.
The petitioners contended that no recovery was effected from any of them, that the rigours of Section 37 of the NDPS Act were not attracted, that they had no prior criminal antecedents, and that CDRs and bank transactions alone could not establish the requisite connection to the offences under the NDPS Act. The charge-sheet and supplementary charge-sheet had been filed before the Special Judge and charges had been framed, with the matter listed for prosecution evidence. Each petitioner undertook to abide by conditions as imposed by the Court and not to tamper with witnesses or evidence.
The Himachal Pradesh High Court took up all four bail applications together by a common order with the consent of parties, given that all arose from the same FIR. The Court proceeded to adjudicate the applications on the basis of the factual matrix placed before it, the provisions of the NDPS Act, and the statutory bar under Section 37 thereof.
Catchwords:
bail · NDPS Act · heroin · narcotic drugs · Section 21 NDPS Act · Section 29 NDPS Act · Section 37 NDPS Act · Section 483 BNSS · call detail records · bank transactions · no recovery from accused · rigours of Section 37 · regular bail · common order · FIR · charge-sheet · Himachal Pradesh
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