As per case facts, applicant Moti Sharma sought bail in a case where he was accused of possessing a controlled substance. The police, acting on secret information, searched a location ...
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IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. MP(M) No. 255 of 2026
Reserved on : 24.3.2026
Decided on : 31.3.2026
Moti Sharma
…Applicant
Versus
State of H.P.
…Respondent
_______________________________________________________
Coram
Hon’ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
________________________________________________
For the Applicant :Mr. T.K. Verma, Advocate.
For the Respondent :Mr. Mohinder Zharaick, Mr.
H.S. Rawat and Mr. Varun
Chandel, Addl. A.Gs. with Ms.
Ranjna Patial and Mr. Rohit
Sharma, Dy. A.Gs, assisted by
LHC Rekha No. 113, Police
Station, West, Shimla, H.P.
Virender Singh, Judge
Applicant Moti Sharma has filed the present
application, under Section 483 of Bharatiya Nagarik
Suraksha Sanhita (hereinafter referred to as ‘the
BNSS’) for releasing him, on bail, during the
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pendency of the trial, arising out of FIR No. 64 of
2025, dated 10.4.2025, registered under Sections 21,
27-A and 29 of the Narcotic Drugs and Psychotropic
Substances Act (hereinafter referred to as the ‘NDPS’
Act), with Police Station, Boileauganj, District
Shimla, H.P.
2. The applicant has pleaded the fact that he is
innocent person and has falsely been implicated, in
the present case and the contraband, which is stated
to be 23.72 grams, does not fall within the definition
of ‘commercial quantity’. As such, according to the
applicant, rigors of Section 37 of the NDPS Act are
not applicable in the present case.
3. According to the applicant, investigation, in
the present case, is complete and nothing is to be
recovered, from his possession. All these facts have
been pleaded to show that custodial interrogation of
the applicant is no longer required by the Police.
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4. Applicant has pleaded that he belongs to a
respectable family and having deep roots in the
society.
5. The applicant has earlier approached this
Court by way of Cr.MP(M) No. 2721 of 2025, however,
the same was dismissed on 28.11.2025.
6. On the basis of above facts, the applicant,
through his counsel, has undertaken to abide by the
terms and conditions, to be imposed by this Court, in
case, he is ordered to be released on bail, during
pendency of the trial.
7. On these submissions, a prayer has been
made to allow the bail application.
8. When put to notice, the police has filed the
status report, disclosing therein, that on 10.4.2025,
H.C. Puneet Sharma No. 54, I.O., SIU, Shimla has
submitted a ruqua, disclosing therein that on
10.4.2025, he alongwith other police officials, under
the leadership of ASI Sushil Kumar, was on patrolling
duty, towards ISBT Shimla, Tutikandi and Sankat
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Mochan. When, he was at ISBT Shimla, then, he
received a secret information from the reliable
sources that in the house of Shiv Singh Thakur, in
village Tikkar, in the room of one Mamta, applicant
Moti Sharma was staying and has brought large
quantity of contraband, from the adjoining state and
selling the same to the customers. As per the
information, if the said room is searched, then, a
large quantity of heroin/chitta could be recovered
from applicant Moti Sharma.
8.1 The said information was found to be
authentic and reliable. As per the Police, in the
eventuality of obtaining the search warrant, delay
could occur and contraband could be removed from
there. The said information was found to be reliable,
as such, he has complied with the provisions of
Section 42(2) of the NDPS Act, and submitted the
same to the Supervisory Officer.
8.2 Thereafter, a request was made to Police
Station to depute one Lady Constable by sending her
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to ISBT, Shimla, upon which, Lady Const. Saroj No.
1592 reached at the spot, who was associated in the
team. Thereafter, the police team proceeded towards
the spot and at about 12:00 at noon, they reached at
village Tikkar. In the said village, one person was
there in the carpenter shop, to which, the I.O. has
given his personal identification and apprised him
about the secret information. Thereafter, owner of the
house Shiv Singh Thakur was called to the spot. Said
Shiv Singh Thakur reached at the spot and he was
associated in the investigation.
8.3 Apart from this, one Jagat Pal Singh was also
associated in the investigation. Alongwith the police
team and independent witnesses, the I.O. reached at
the second floor of the house of Shiv Singh Thakur.
The door of the room of Mamta was knocked, upon
which, one person came out and the I.O. has
inquired his name and address. He has disclosed his
name as Moti Sharma (applicant). He has also
disclosed that said room belongs to Mamta, with
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whom he is having a love affair. Thereafter, Moti
Sharma (applicant) was directed to come out of the
room and I.O., as well as, other police officials, had
given their personal search to him and in the
presence of the witnesses, the said room was
searched. When, the pillow of the double bed was
checked, then the same was found containing a
plastic pouch. On checking, the same was found
containing granule and stone shaped substance.
8.4 Applicant Moti Sharma, on inquiry, disclosed
that the said substance is chitta/heroin and he has
got the same from Amritsar (Punjab). When, the said
substance was checked, then, on the basis of
experience, the same was found to be heroin. On
weighment, the same was found to be 23.720 grams.
Other codal formalities were completed. The
contraband was taken into possession. Thereafter,
ruqua was submitted, upon which, FIR has been
registered. Further investigation was entrusted to
H.C. Hemant Kumar No. 46, on 10.4.2025, who
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visited the spot and prepared the inventory of the
case property and applicant Moti Sharma was taken
into custody.
8.5 Spot map was prepared. Statements of
witnesses were recorded under Section 180 of BNSS
and applicant was arrested at 8 p.m.
8.6 The case property was produced before the
Court of learned JMFC, Court No. 6, Shimla, for
conducting the proceedings, under Section 52(A) of
the NDPS Act. The sample was drawn and the same
was sent to FSL Junga. The accused was produced
before the Court and was remanded to police
custody.
8.7.During police custody, the applicant has
disclosed that he is addicted to consumption of chitta
from the year 2011 and three other cases have been
registered against him. He has further disclosed that
on 24.2.2025, he has been released on bail from
Patiala Jail and during his judicial custody, he came
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in contact with one Ashok Khajuria @ Billa, who has
also been released on bail.
8.8 It has further been disclosed by applicant
Moti Sharma that about two months ago, he received
a call from Ashok Sharma from mobile phone
numbers 9086554145 and 8082400469 through
whatsapp, and he allured him to supply chitta, for
which, he will pay 1,00,000/- per month to him. At
the instance of said Ashok Sharma, he had gone to
Amritsar and brought heroin and handed over the
same to one Sanjay.
8.9 As per his further revelations, on 5.4.2025,
he brought 150 grams chitta from one Sandhu, out of
which, he has supplied 130 grams of chitta to
Sanjay. He has disclosed the mobile phone number of
Sanjay as 7573651687.
8.10.The Police, on the basis of revelations made
by applicant Moti Ram, has obtained the CDRs of
mobile numbers 62307-11724, 9882585125,
9086554145, 8082400469, 7573651687 and
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6005001636. The mobile phone numbers
9086554145 and 8082400469 were found to be
issued in the name of Ashok Kumar Sharma.
8.11As per the CDRs, applicant Moti Sharma had
talked to Ashok Sharma at one occasion, whereas, he
is found to have talked to Sanjay on 52 occasions.
Applicant Moti Sharma and Sanjay were found to
have talked 7 times. Ashok Kumar and Sanjay are
found to have talked once and Ashok Kumar and
Rahul are found to have talked to each other, on 171
occasions.
8.12During investigation, it was found that
applicant Moti Sharma, on the direction of accused
Ashok Sharma, had gone to Atari border at a place
known as ‘Shata’, from where, the applicant is stated
to have got chitta from Sandhu for being supplied to
Sanjay, and many transactions were made by Ashok
Kumar himself.
8.13Applicant Moti used to transfer the amount in
the account of Ashok Sharma, through account of his
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sister Durga Katwal. Thereafter, correspondences
were made with PNB and Bank of Maharashtra, for
obtaining the bank statement of applicant and his
sister Durga Katwal. According to the bank statement
of applicant Moti Sharma and his sister, from the
bank account of Durga Katwal, a sum of Rs.
18,000/- on 4.3.2025, Rs. 40,000/- on 17.3.2025,
Rs. 10,000/- on 8.4.2025, are stated to have been
transferred through G pay. On 29.3.2025, applicant
Moti Sharma has deposited a sum of Rs. 49,000/- at
the instance of Ashok Sharma, in the bank account
of one Sarita, maintained with PNB, Akhnoor.
8.14In order to verify the said fact, on 17.4.2025,
under the leadership of Sub-Inspector Vijay Pal
Singh, a police team was constituted, which
proceeded to Jammu, from where Sarita and his son
Rahul were associated in the investigation and
brought to Police Station, West, Shimla, on
19.4.2025.
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8.15During investigation, Sarita Sharma disclosed
that in the year 2020, she got opened a bank account
No. 0986000100632308 with PNB Akhnoor. The said
bank account was used by her son Rahul. Sim No.
6230711724 found to be used by applicant Moti
Sharma, was registered in the name of his sister
Durga Katwal. The other Sim No. 9882585125 was
found to be registered in the name of father of
applicant, but at the time of incident, the same was
found to be used by applicant Moti Sharma.
8.16During investigation, it has also been found
that accused Moti Sharma, at the instance of
accused Ashok Khajuria, used to deposit the money
in the account of Sarita Sharma. Ashok Khajuria @
Billa is stated to be uncle (mosa) of Rahul Sharma.
8.17During investigation, Sarita has disclosed
that she is having no information with regard to the
amount, being deposited in her account, and the
same is in the knowledge of her son Rahul. As such,
her statement was got recorded under Section 183 of
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BNSS, by producing her before the learned ACJM-2,
Shimla.
8.18During investigation from Rahul Sharma,
mobile numbers 6005001636 and 6005083542 were
found to be used in his mobile phone. The mobile
phone was recovered and MI number was checked,
upon which, it was found that he used to talk to
Ashok Sharma for the last six months, on mobile
phone number 8082400469. He has disclosed that
when the amount was deposited in his mother’s
account by Ashok Khajuria @ Sharma, he used to
inquire about the paymet by calling on his mobile
number 6005001636. Some times a sum of Rs.
5000/- some times 10,000/-, 20,000/- 25,000/- and
40,000/- used to be transferred from account No.
098000100632308 on G Pay of mobile number of
Anil by Ashok Sharma.
8.19From 22.2.2025 to 8.4.2025, a sum of Rs.
2,27,000/- was found to be transferred by Rahul on
the number of Anil through G pay, in the account of
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mother of Rahul. A sum of Rs. 7,70,502/- was found
to be transferred w.e.f. 1.1.2025 to 14.4.2025, out of
which, a sum of Rs.6,71,797/- was found to be
withdrawn.
8.20During investigation, Rahul Sharma, also
disclosed that an amount of Rs. 35,000/-, 47,000/-,
40,000/-, 49,000/- were found deposited in cash.
Rahul also disclosed that his uncle Ashok Khajuria
remained in jail for about 8 years at Patiala, in a case
related to chitta/heroin. When, Ashok Khajuria was
released on bail, he has assured Rahul that he will
provide financial help to him, and due to his indigent
circumstances, Rahul Sharma has hatched
conspiracy with Ashok Khajuria and started using
the bank account of his mother, for illegal activities.
8.21From the above revelations, Section 27-A and
29 of the NDPS were added and accused Rahul was
arrested on 19.4.2025.
8.22During investigation, it has been found that
Sanjay Sharma was arrested by Police at Hamirpur
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on 10.4.2025, alongwith 130 grams chitta and FIR
No. 53 of 2025 was registered against him, under the
provisions of Section 21 of the NDPS Act. Presently,
he is stated to be lodged in Sub-Jail Hamirpur.
8.23In order to inquire from Sanjay Sharma,
application for issuance of production warrant was
moved. Consequently, on 25.4.2025, Sanjay Kumar
was produced before the learned ACJM-II Shimla and
was arrested in this case.
8.24During investigation, Sanjay Sharma has
disclosed that Moti Sharma and Ashok Khajuria @
Ashok Sharma met him in Patiala Jail, where they
had decided that after being released on bail, all
three of them will again do business of chitta. After
being released on bail, in the month of January,
2025, Moti Sharma had talked to him on mobile
numbers 7973651687 and 6230711724.
8.25On 3.5.2025, in order to nab Anil Kumar and
Ashok Khajuria, a police team was deputed. On
5.5.2025, Anil Kumar and Ashok Khajuria @ Ashok
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Sharma were brought to Police Station for inquiry.
During investigation, Anil Kumar disclosed that in
his account, through account of Sarita, a sum of Rs.
2,37,000/- were transferred w.e.f. 12.2.2025 to
8.4.2025, at the instance of Ashok Khajuria. The said
amount was given to him by Ashok Khajuria to invest
the same in Dream-11, during IPL matches and after
winning the said amount, he used to deposit, the
same in the said account.
8.26He was not aware about the fact that the said
amount was earned by Ashok Khajuria by illegal
business of selling heroin/chitta. However, at the
instance of Ashok Khajuria, he used to invest the
said amount in IPL matches in Dream-11. Thereafter,
his statement was recorded under Section 183 of
BNSS, by producing him before the learned ACJM-II,
Shimla. Thereafter, Ashok Khajuria was also arrested
in the said case.
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8.27Lastly, it has been pleaded in the status
report that following cases have been registered
against the applicant:
i) FIR No. 63/2019, dated 3.8.2019, under Section
21 of the NDPS Act, P.S. New Shimla;
ii) FIR No. 237/2021, dated 27.10.2021, under
Section 21 of the NDPS Act, P.S. Boileauganj,
Shimla, H.P.; and
iii) FIR No. 12 of 2022, dated 15.1.2022, under
Sections 21,27 and 29 of the NDPS Act, with Police
Station, Laldu, Punjab.
8.28All the cases are stated to be pending
adjudication.
8.29On the basis of above facts, a prayer has been
made to dismiss the application.
8. Initially, the present case has been registered
under Section 21 of the NDPS Act and during
investigation, when, the involvement of other
accused persons was found, on the basis of
financial transactions, Police has added Sections
27-A and 29 of the NDPS Act, in the present case.
Meaning thereby, present case is now registered
under Sections 21, 27-A and 29 of the NDPS Act.
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9. In this case, co-accused of the applicants, as
per the status report, have already been released on
bail. In such situation, the material question, which
arises for determination before this Court, is
whether the relief can be declined to the applicant
on account of Section 27-A of the NDPS Act.
10.As per status report, on 5.5.2024, accused
Ashok Khajuria @ Sharma @ Billu disclosed that he
was convicted by the Sessions Court, Mohali, for the
offence, punishable under Section 21 of the NDPS
Act, and he was sentenced to undergo rigorous
imprisonment, for a period of 12 years, and to pay a
fine of Rs. 1,00,000/-, and after undergoing six
years, 11 months, 4 days punishment, he was
released by the High Court. When, he was confined
in jail at Patiala, he met Moti Sharma (applicant)
and Sanjay Sharma in Jail. Thereafter, applicant
contacted Sandhu and started dealing in Chitta
with his companion Sanjay Kumar. Ashok Khajuria
with Sandhu used to hand over chitta to the
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applicant at Atari border. After selling the same,
applicant used to return the amount in cash. He
has further revealed that applicant Moti Sharma,
through his sister’s account, used to transfer the
amount in the bank account of Sarita, and
remaining payment was made to Sandhu, through
Moti Sharma.
11. As per further investigation, police found that
applicant Moti Sharma, on 26.3.2025, has
transferred a sum of Rs. 49,000/- in the account of
Sarita Sharma, who is mother of accused Rahul,
who has already been released on bail, on 4.6.2025.
12. Although, at the time of deciding the bail
application, merits and de-merits of the case should
not be discussed in detail, but, on the basis of the
transfer of the amount of Rs. 49,000/-, that too, in
the account of Sarita Sharma, who according to the
case of the Police, is mother of accused Rahul
Sharma, this Court is of the view that the above
allegations are too short to conclude, at this stage,
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that the ingredients of Section 27-A of the NDPS Act
are existing against applicant Moti Sharma.
13. Moreover, whatever revealed by accused
Ashok Khajuria, is not admissible in evidence, as
the same has been disclosed by him, when, he was
in police custody.
14.In view of the law laid down by Hon’ble
Supreme Court in ‘Tofan Singh versus State of
Tamil Nadu’, reported in (2021) 4 Supreme Court
Cases 1, the said statement cannot be taken into
account, in order to convict the accused, under the
provisions of NDPS Act. Relevant paragraph 158.1
of the judgment is reproduced as under:
“158.1 That the officers who are invested with powers under
Section 53 of the NDPS Act are “police officers’ within the
meaning of Section 25 of the Evidence Act, as a result of
which any confessional statement made to them would be
barred under the provisions of Section 25 of the Evidence
Act, and cannot be taken into account in order to convict an
accused under the NDPS Act.”
15. Moreover, when other three accused
have been released on bail, then, declining the relief
to the applicant would be nothing, but pre-trial
punishment, which is prohibited under the law.
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16. On the basis of above facts, this Court is of
the view that twin conditions, as enumerated under
Section 37(b)(ii) of the NDPS Act are existing in
favour of the applicant, by holding that he is not
guilty of such offence, and while on bail, he will not
commit any offence. For the second condition,
reasonable conditions can be imposed.
17. Considering all these facts, this Court is of
the view that the bail application is liable to be
allowed and is accordingly allowed.
18. Consequently, the applicant is ordered to be
released on bail in case FIR No. 64 of 2025, dated
10.4.2025, registered under Sections 21, 27-A and
29 of the NDPS Act with Police Station, Boileauganj,
District Shimla, H.P. on his furnishing personal
bond in the sum of Rs. 50,000/-, with one surety,
in the like amount, to the satisfaction of learned
trial Court.
19. This order, however, shall be subject to the
following conditions:-
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a) Applicant shall regularly attend the trial Court on each
and every date of hearing and if prevented by any reason
to do so, seek exemption from appearance by filing
appropriate application;
b) Applicant shall not tamper with the prosecution
evidence nor hamper the investigation of the case in any
manner whatsoever;
c) Applicant shall not make any inducement, threat or
promises to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to
the Court or the Police Officer, and
d) Applicant shall not leave the territory of India without
the prior permission of the Court.
f) The applicant shall furnish affidavit, in the first week
of every month, before the learned trial Court, disclosing
therein that he has not been named, as accused, in any
crime, during that period, till the completion of trial.
20. Any of the observations, made herein above,
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.
21. It is made clear that the respondent-State is
at liberty to move an appropriate application, in
case, any of the bail conditions is found to be
violated by the applicant.
22. The Registry is directed to forward a soft copy
of the bail order to the Superintendent of District
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Jail, Kaithu. Shimla, through e-mail, with a
direction to enter the date of grant of bail in the e-
prison software.
25. In case, the applicant is not released within a
period of seven days from the date of grant of bail,
the Superintendent of District Jail, Kaithu, Shimla
is directed to inform this fact to the Secretary,
DLSA, Shimla. The Superintendent of the District
Jail, Kaithu, Shimla is further directed that if the
applicant fails to furnish the bail bonds, as per the
order passed by this Court within a period of one
month from today, then, the said fact be submitted
to this Court.
(Virender Singh)
Judge
March 31, 2025
Kalpana
Legal Notes
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