Himachal Pradesh High Court: The petitioner filed the present petition seeking regular bail in a case registered for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). A Single Judge Bench of Rakesh Kainthla, J., ordered the petitioner’s release on interim bail till the Supreme Court pronounces its judgment in Mihir Rajesh Shah v. State of Maharashtra1.
The petitioner alleged that the grounds of arrest were not communicated to him. He submitted that the memo of arrest mentioned that the Investigating Officer had arrested him on 17-11-2024, at 12:30 p.m. at Chadhiar Chowk; that he would be detained in police custody and that he should inform the name of the person who should be apprised of his arrest. Even the State did not file any document to show that the grounds of arrest were communicated to him.
The Court noted that the Supreme Court had reserved the judgment regarding the furnishing of grounds of arrest in every case, including offences punishable under the Penal Code, 1860, in Mihir Rajesh Shah (supra) and State of Karnataka v. Hemant Dutta. The Court observed that prima facie, the accused’s plea that the grounds of arrest were not communicated to him appeared to be correct and was supported by the memo of arrest, with no contrary document filed by the State.
Thus, the Court ordered that, pending the decision of the matter by the Supreme Court, the petitioner be released on interim bail till further orders, subject to his furnishing bail bonds in the sum of Rs 1,00,000 with one surety in the like amount. Additionally, the Court directed that the matter be listed immediately after the decision in Mihir Rajesh Shah (supra).
[Chet Ram v. State of H.P., 2025 SCC OnLine HP 4250, decided on 26-08-2025]
Advocates who appeared in this case :
For the Petitioner: Rahul Kumar, Mayank Rana and Rajat Thakur, Advocates.
For the Respondent: Lokender Kutlehria, Additional Advocate General.
Buy Penal Code, 1860 HERE
