Himachal HC refuses bail in NDPS case: 134 g heroin, five earlier NDPS FIRs; Section 37 not applying is no ground for bail
The question: Is the petitioner entitled to bail because the quantity recovered is below commercial quantity and Section 37 of the NDPS Act does not apply?
The Himachal Pradesh High Court has refused regular bail to a man found driving a car in which 134 grams of heroin was recovered, holding that he cannot be released merely because the rigours of Section 37 of the NDPS Act do not apply to a quantity below commercial quantity, and that his five earlier NDPS cases weighed against him. Justice Rakesh Kainthla held that six months in custody, without proof that the delay was due to the prosecution or the court, was not excessive, but left it open to the petitioner to return if the trial is not concluded expeditiously. The petitioner, Surender Kumar, sought regular bail in F.I.R. No. 53 of 2026, dated 2 March 2026, of Police Station Sundernagar, District Mandi, for offences under Sections 21, 25 and 29 of the NDPS Act. As per the prosecution, the police stopped a vehicle with registration HP 31-9134 on 2 March 2026, found a black polythene packet containing 134 grams of heroin, and arrested the petitioner, who was driving, and the co-accused Rinku, who was in the front seat. The sample was found by the forensic laboratory to be diacetylmorphine. The police have completed the investigation and filed the chargesheet.