The Himachal Pradesh High Court has granted regular bail to two men arrested in an NDPS case involving the recovery of 804 grams of charas in Mandi district. The court observed that the quantity recovered was intermediate and not commercial, and therefore the strict conditions under the NDPS Act did not apply. The decision was delivered by the Himachal Pradesh High Court on January 1, 2026.
Background of the Case
The case arises from FIR No. 261 of 2025, registered on October 18, 2025, at Police Station Sadar Mandi. The accused, Dumnu Ram and Naganu Ram, were booked under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
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According to the prosecution, a police team had set up a checkpoint near Industrial Area Phase-II, close to village Nela. At around 4:40 pm, two men walking towards Sauli Khad allegedly panicked on seeing the police and tried to turn back. One of them was carrying a backpack.
Upon checking the bag, the police claimed to have recovered 804 grams of charas. Both men were arrested on the spot and later sent to judicial custody. The contraband was sent for forensic examination and was confirmed to be charas.
Appearing for the petitioners, counsel argued that both men were falsely implicated. It was pointed out that the recovered substance fell under the intermediate quantity category and not commercial quantity.
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The defence also highlighted that Dumnu Ram had no previous criminal record, while Naganu Ram had earlier faced an FIR in 2016 but was acquitted in 2024. Stressing that the investigation was complete and the charge sheet had already been filed, the counsel submitted that continued custody would serve no useful purpose.
“The petitioners are first-time offenders and are willing to abide by any condition imposed by the court,” the defence submitted during the hearing.
The State opposed the bail plea, arguing that the recovered quantity was too large for personal consumption. The prosecution contended that narcotic offences have a serious impact on society and releasing the accused could lead to repetition of similar offences.
The Deputy Advocate General urged the court not to show leniency in NDPS matters, stating that drug-related crimes must be dealt with firmly.
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Court’s Observations
After hearing both sides, the court carefully examined the material on record. The bench noted that the recovery was of an intermediate quantity, which meant the stringent bar on bail under Section 37 of the NDPS Act did not apply.
Referring to Supreme Court rulings, the court reiterated the settled principle that “bail is the rule and jail is the exception.” The judge observed that criminal antecedents could not be presumed merely because one accused had faced a previous case in which he was acquitted.
“The petitioners are first offenders, and their continued incarceration may hamper their chances of reformation,” the court observed.
The bench also noted that the investigation had been completed and there was no allegation that the accused had attempted to influence witnesses so far.
Decision
Allowing both bail petitions, the High Court ordered the release of Dumnu Ram and Naganu Ram on regular bail. Each accused was directed to furnish a bail bond of ₹1,00,000 with one surety of the same amount.
The court imposed strict conditions, including:
- No intimidation or influence over witnesses
- Mandatory appearance on every trial date
- Restriction on leaving their address for more than seven days without intimation
- Surrender of passports, if any
- Sharing and updating mobile numbers and social media details with authorities
The court made it clear that violation of any condition would give the prosecution the right to seek cancellation of bail. With these directions, both petitions were disposed of.
Case Title: Dumnu vs State of Himachal Pradesh
Case No.: Cr. MP (M) Nos. 2776 & 2777 of 2025
Case Type: Regular Bail under NDPS Act
Decision Date: 01 January 2026
