The Himachal Pradesh High Court observed that an accused facing multiple NDPS cases involving intermediate quantities of contraband could be granted bail, considering that he was not a drug peddler, and the likelihood of delay in trial.

The Court held that, in the peculiar facts of the case, the petitioner deserved an opportunity to reform himself, subject to strict bail conditions.

Justice Chirag Bhanu Singh remarked that : “Since the earlier cases pertain to 'intermediate' quantity and apparently the petitioner was himself addicted to the drugs, it would be in the interest of justice and fairplay that the discretion of bail is exercised in his favour, but subject to strict terms. He may be given a chance to reform himself. The quantity of drugs recovered from him on all the three occasions rule out his being a peddler.”

The case arose from an FIR registered on March 4, 2026, at Police Station Bhoranj, Hamirpur, under Sections 21 and 29 of the NDPS Act, 1985, after 9 grams of heroin (chitta) was allegedly recovered from the petitioner, Lokesh Kumar Bherwa.

The prosecution also informed the Court that two other NDPS cases involving alleged recoveries of 20 grams and 6 grams of heroin were pending against him.

Seeking bail under Section 483 of the BNSS, 2023, the petitioner contended that he was addicted to drugs and had kept the contraband for personal consumption.

The Court observed that the 9 grams of heroin allegedly recovered from the petitioner constituted an intermediate quantity, and the rigours of Section 37 of the NDPS Act would not apply with the same force in the circumstances of the case.

The Court noted that the petitioner claimed to be addicted to drugs, the two earlier cases also involved intermediate quantities, and the trial was likely to take considerable time.

Emphasising the principle of “bail, not jail,” the Court granted bail subject to strict conditions, observing that the petitioner deserved an opportunity to reform himself.

It further directed that if he was found indulging in similar activities in the future and an FIR was registered against him under the NDPS Act, his bail would be liable to be cancelled.

Date of Decision: 12.10.2026