Surinder Singh vs State Of HP

Chirag Bhanu Singh, Judge

The petitioner has preferred an application under Section 483 of Bharatiya Nagarik Suyraksha Sanhita, 2023 (for short “BNSS”) seeking post-arrest bail in case FIR No. 139 of 2026, dated 10.07.2026 registered at Police Station Boileauganj, District Shimla, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “the Act”).

The facts which emerge from the status report, so filed by the State is that on 10.07.2026, a police party headed by HC Suresh Kumar and his team was on patrolling. At about 4:45 P.M., when the police patrol was near Chaura Maidan, a secret information had been received that the petitioner/accused was dealing in narcotics. In case his house is raided, a huge recovery of drugs can be made.

Acting swiftly, the Investigating Officer, HC Suresh Kumar recorded the reasons of belief under Section 42 of the Act and sent the same through Constable Ajay to the Supervisory Officer of Police Station Boileauganj (West) and the Investigating Officer proceeded towards Cecil Hotel, where he met one Manoj Sharma son of Chander Shekhar Sharma and Santosh Sharma son of Gopal. Both were requested to join the police party as independent witnesses. After forming the raiding party, the police team had proceeded to the house of the accused-Surinder Singh.

The Investigating Officer had asked the accused to take the search of the police party. The accused had refused to do so. Subsequently, in the presence of the independent witnesses, the house of the petitioner/accused came to be searched. While searching one of the wooden Almirahs in the house, one electronic weighing machine and another weighing machine inscribed with the words 'SF 400', two transparent polythene packets were found. Inside the two transparent polythene packets, some brownish sticky granular substance was found. On the basis of experience, it was found to be opium. Over and apart an amount of Rs. 2,12,000/- in the denomination of Rs. 500/- was also recovered. On weighing the two polythene packets, 991.440 grams of opium was recovered. One transparent polythene packet had 525.590 grams opium, while the other had 465.850 grams of opium.

After following the codal formalities, the contraband recovered was taken into possession along with the cash amounting to Rs. 2,12,000/-. The petitioner also came to be arrested at the spot. He is presently in judicial custody.

The status report filed by the prosecution also shows that another case under NDPS had been registered against the petitioner/accused vide FIR No. 54 of 2011, in which he stands acquitted by the learned Sessions Judge, Shimla vide an order dated 15.05.2013. The charge-sheet in the present case also stands filed on 06.09.2026.

I have heard the learned counsel for the parties and gone through the records meticulously.

It was urged with vehemence by the learned counsel for the petitioner that “intermediate” quantity of contraband had been recovered from the petitioner, and as such, the rigors of Section 37 would not apply with the same force. No doubt, another case stands registered against the petitioner under the Act, but he stands acquitted of the said charges. Seeing to the quantity of contraband recovered, the petitioner was entitled to the discretion of bail.

Per contra Sh. Prashant Sen, the learned Deputy Advocate General for the State has vociferously urged that keeping in view the past antecedents of the petitioner, it seems that his modus operandi is to carry small quantity of contraband. There are chances that the petitioner may again indulge in same and similar activities in the future too. The discretion of bail, thus, cannot be exercised in his favour.

The perusal of the status report does show that the quantity of contraband recovered in the present case is indeed “less than commercial”, being 9.91 grams of opium and as such, the rigors of Section 37 will not stricto sensu apply in the facts and circumstances of the present case with the same vigour.

The registration of the earlier case registered against the petitioner under the Act already stands decided in favour of the petitioner-accused and he stands acquitted by the Court.

It further transpires that the charge-sheet has already been filed on 06.09.2026. The culmination of the trial is likely to take sufficient time. Pre-trial incarceration is otherwise generally loathed by the Courts, as has been held by the Hon’ble Supreme Court in catena of decisions including Union of India vs. K.N. Nazeeb 2021 (3) SCC 713.

Though a repeat offender under normal circumstances this Court would not have exercised discretion in his favour but seeing to the peculiar circumstances, discussed above and keeping in view the fact that the quantity of contraband recovered from the accused in the present case is less than commercial and the trial is likely to take time and he already stands acquitted in the case registered against him earlier, it would in the interest of justice and fairplay that the discretion of bail is exercised in his favour, but subject to strict terms.

As a sequel, while allowing the present petition, it is directed that in case the petitioner is henceforth found to be indulging in any similar activity and an FIR is registered against him under the provisions of the Act, not only the present bail granted shall stand forfeited but, the State would be at liberty to take steps for seeking preventive detention of the petitioner.

For all the reasons discussed hereinabove, the bail petition is thus allowed. As a sequel, the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the tune of Rs.50,000/- with two local sureities of the like amount, to the satisfaction of the learned trial Court subject to the following conditions:-

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 for the purposes of the disposal of the present petition.

Petition stands disposed off in the aforesaid terms, so also the pending miscellaneous applications, if any.