Court emphasizes "bail, not jail" principle, granting bail with strict conditions to Lokesh Kumar Bherwa in NDPS Act case involving 9 grams of heroin, while warning against future offences
In a significant judgment dated October 12, 2026, the Himachal Pradesh High Court, presided over by Justice Chirag Bhanu Singh, granted post-arrest bail to Lokesh Kumar Bherwa, a repeat offender charged under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985. The case pertained to the recovery of 9 grams of heroin, categorized as an intermediate quantity under the law.
The petitioner was apprehended on March 4, 2026, near Badahed Road, Hamirpur district, when the police, during night patrol, noticed him acting suspiciously and discarding a yellow polythene bag. Upon investigation, the bag was found to contain heroin weighing 9 grams. Lokesh Kumar Bherwa was arrested at the spot and lodged in judicial custody.
Notably, the petitioner had two prior NDPS cases involving intermediate quantities of heroin (20 grams and 6 grams respectively), pending adjudication. Despite his history, the Court recognized that all three cases involved intermediate quantities and the material indicated the petitioner was an addict keeping the drugs for self-consumption rather than trafficking.
The Court held that the strict rigours of Section 37 of the NDPS Act, which often deny bail in drug-related offences, would not apply with the same intensity in cases involving intermediate quantities. Observing that the charge-sheet was already filed and the trial likely to take time, the Court emphasized the principle of "bail, not jail," which discourages pre-trial incarceration unless absolutely necessary.
While acknowledging the petitioner's repeat offender status, the Court exercised discretion in his favor due to the peculiar facts, granting bail with stringent conditions. Lokesh Kumar Bherwa was directed to furnish bail bonds amounting to Rs. 50,000 with two local sureties of the same amount. Additionally, he was ordered not to tamper with evidence, not to intimidate witnesses, to surrender his passport, not to leave the jurisdiction of Himachal Pradesh or India without court permission, and to keep the investigating officer informed of his whereabouts monthly.
The Court explicitly warned that any future involvement in similar offences would lead to immediate cancellation of bail and would empower the State to seek his preventive detention or rehabilitation.
This judgment reiterates the judiciary's balanced approach in NDPS cases, weighing the severity of drug offences against the rights of the accused, especially where evidence suggests addiction rather than trafficking. It also underscores the importance of giving a chance for reformation while safeguarding public interest.
Bottom Line:
NDPS Act - Post-arrest bail - Recovery of 9 grams heroin (intermediate quantity) - Though petitioner was a repeat offender with two earlier NDPS cases involving intermediate quantity, Court granted bail considering that rigours of Section 37 NDPS Act would not apply with same vigour, charge-sheet had already been filed, trial was likely to take time, and material indicated petitioner was an addict for self-consumption rather than a peddler - Bail granted on strict conditions with warning that any future similar offence would entail cancellation of bail and liberty to State to seek preventive detention or rehabilitation.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21, 29, 37; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Lokesh Kumar Bherwa v. State of Himachal Pradesh, (HP) : Law Finder Doc Id # 2995086
