Himachal Pradesh High Court Grants Bail To NDPS Accused In Commercial Quantity Case Over Non-Supply Of Grounds Of Arrest

The Himachal Pradesh High Court granted interim bail in a commercial quantity NDPS case, holding that the grounds of arrest were not supplied to the accused.

Justice Rakesh Kainthla held that: “Prima facie, the plea taken by the accused that the grounds of arrest were not communicated to him appears to be correct and is supported by the memo of arrest. No contrary document was filed by the State showing that the grounds of arrest were communicated to the petitioner.”

The petitioner was arrested for offences punishable under Sections 20,25, and 29 of the Narcotic Drugs and Psychotropic Substances Act,1985.

Thereafter, he filed the petition before the High Court, contending that he was not informed of the grounds of arrest. It was claimed that the non-supply of grounds of arrest to an accused violated several Supreme Court judgements and that it also violated Article 22(1) of the Constitution. It was said that the arrest memo only recorded the place and time of arrest and custody details. 

The State also did not file any document to show that the grounds of arrest were communicated to the petitioner.

The Court noted that the Supreme Court has reserved the question regarding furnishing of grounds of arrest in every case, including offences punishable under IPC on 22.04.2025 in Mihir Rajesh Shah V. State of Maharashtra, 2024. Thus, the Supreme Court did not decide this question in State of Karnataka v. Hemant Dutta, on 26.6.2025 and waited for the outcome of the decision.

Hence, as the decision of the Supreme Court was pending, the High Court granted interim bail on various conditions.

Case Title: Chet Ram versus The State of H.P.

Case No.: CrMP(M) 1806 of 2025

Date of Judgment: 26.08.2025

For the petitioner: Mr. Rahul Kumar and Mr. Mayank Rana and Mr. Rajat Thakur

For the respondent: Mr. Lokender Kutlehria, Additional Advocate General

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