Shimla, Feb 25,
The High Court of Himachal Pradesh, presided over by Justice Virender Singh, has directed all Superintendents of Police (SPs) across the state’s 12 districts to update and provide accurate data of accused persons involved in Narcotic Drugs and Psychotropic Substances (NDPS) cases.
The court in recent order expressed strong disapproval of the casual approach by the Kangra district police, particularly the DSP of Nurpur, for submitting incomplete and unupdated data in the bail application of Puneet Mahajan, who was granted bail in an NDPS case.
The court’s order came while hearing the bail application of Puneet Mahajan, who was arrested in connection with an FIR of 2023, registered under Section 21 of the NDPS Act at Police Station Indora, Kangra. The applicant was accused of possessing 11.11 grams of heroin, which falls under the category of an intermediate quantity. Mahajan had sought bail, arguing that the trial was unlikely to conclude soon and that he had been falsely implicated in the case.
Justice Virender Singh, in his detailed judgment, highlighted the failure of the Kangra police to update their records, particularly in Mahajan’s case. The court noted that the police had incorrectly mentioned a 2014 case against Mahajan as pending, despite the fact that he had been acquitted in that case on April 1, 2016.
The court observed that this lapse was in violation of its earlier directions in the *Babu Ram vs. State of H.P.* case, where it had mandated the police to update their records to reflect acquittals and other case outcomes.
“The casual approach of the police in mentioning the 2014 case as pending, despite the acquittal, is a clear attempt to prejudice the court’s mind,” Justice Singh remarked. He further emphasized that such lapses not only undermine the credibility of the police but also cause unnecessary hardship to individuals seeking bail or other legal remedies.
The court also rejected the state’s argument that Mahajan was a habitual offender, noting that none of the cases registered against him had resulted in a conviction.
Citing the Supreme Court’s rulings in Dhanji Ram Sharma vs. Superintendent of Police and Vijay Narain Singh vs. State of Bihar, the court clarified that a person cannot be termed a habitual offender without reasonable grounds or convictions.
In light of these observations, the court granted bail to Mahajan, directing him to furnish a personal bond of ₹1,00,000 with one surety of the same amount. The court also imposed several conditions, including regular attendance at trial hearings and a prohibition on leaving the country without prior permission.
In a broader directive, the court ordered all SPs in Himachal Pradesh to update their records by March 31, 2025, and submit compliance affidavits by April 30, 2025. The Additional Chief Secretary (Home) was also directed to issue instructions to all SPs and Investigating Officers (IOs) to ensure that accurate and updated case details, including FIR copies, are provided in future status reports.
The case has been listed for compliance on April 30, 2025.
