Himachal Pradesh High Court
Alok Dhar Dwivedi vs . State Of H.P. on 19 February, 2026
Alok Dhar Dwivedi Vs. State of H.P.
.
Cr.MP(M) No. 222 of 2026
19.02.2026 Present: M/s. Abhinav Mohan Goel & Kavinder K. Singla,
Advocates, for the petitioner.
Mr. Hemant Verma, Deputy Advocate General,
for the respondent-State.
of
Notice. Mr. Hemant Verma, learned Deputy
rt
Advocate General, appears and waives service of notice on
behalf of the respondent.
2. The petitioner is seeking pre-arrest bail in
respect of FIR No. 301 dated 05.12.2025, under Sections 22
and 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985, registered at Police Station Baddi, District Solan,
H.P.
3. The petitioner has submitted that he has deep
roots in society and there is no likelihood of his absconding or
tampering with the evidence.
4. The petitioner had earlier filed the bail
application for his pre-arrest bail before the learned Special
Judge II Solan, District Solan, H.P. and the said application
was dismissed holding that the petitioner has been charged
with serious offences as CSD Life Science was involved in
preparation of contraband. Further, the learned Special
Judge has recorded that the containing syrup was recovered
from the room rented out by the company.
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5. Learned Counsel for the petitioner has brought
to the notice of this Court that the issue regarding the drugs
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containing codeine does not fall within the definition of
manufactured drugs under the ND&PS Act and the issue is
sub judice before the Hon’ble Supreme Court. It is contended
by the learned counsel for the petitioner that another
of
co-accused, namely Sachin Agnihotri & Vishal have been
enlarged on interim bail in Cr.MP(M) No. 137 of 2026, titled
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Sachin Agnihotri vs. State of H.P. & Cr.MP(M) No.182 of
2026, titled Vishal vs. State of H.P., vide orders dated
30.01.2026 & 10.02.2026, respectively.
6. Since the petitioner is first offender and further
the issue with respect to the contraband having been seized
from the petitioner is not a Narcotic Drug or Psychotropic
Substance under the ND&PS Act, is pending adjudication
before the Hon’ble Supreme Court, therefore, at this juncture,
the petitioner is entitled for grant of interim bail.
7. It is settled law that till the time the person is
convicted, he is presumed to be innocent. In the present
case, no doubt the quantity, which is recovered, is
commercial, but since the issue pertaining to the substance
recovered is not Narcotic Drugs and Psychotropic Substance
and is pending adjudication before the Hon’ble Supreme
Court, it cannot be said that the contraband seized from the
petitioner is covered under the provisions of the ND&PS Act.
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8. Hence, keeping in view the above facts, the
petitioner is enlarged on anticipatory bail, till the next date of
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hearing, on the following conditions:
“1. That the petitioner will join investigation of
case on 20.02.2026 at 10:00 am at Police Station
Baddi, District Solan, H.P.
2. That he shall not directly or indirectly make
of
any inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts
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to the investigating officer or Court.
3. That he shall not tamper with the prosecution
evidence nor he will try to win over the
prosecution witnesses in any manner.
4. That he shall not leave India without prior
permission of the Court.”
9. Status report be filed on or before next date of
hearing.
10. List on 24.02.2026 along with Cr.MP(M)
No.137 of 2026.
(Romesh Verma)
Vacation Judge
February 19, 2026
(Shamsh Tabrez)
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