Himachal Pradesh HC pulls up police for outdated records, orders status report updates

Mahajan, a resident of Kangra district, was arrested on November 5, 2023, near Dah, Indora, with 11.11 grams of heroin (chitta). He was booked under Section 21 of the NDPS Act, 1985, at the Indora police station.

Granting him bail, Justice Virender Singh highlighted four key grounds, including the police’s failure to clarify whether Mahajan’s six-month detention under the PIT-NDPS Act, extended on April 8, 2024, had been further prolonged. The court also found discrepancies in the police status report, which inaccurately mentioned Mahajan’s criminal record.

“The status report, especially regarding FIR Number 97 of 2014, registered at PS Nurpur, district Kangra, is factually incorrect. Such a casual approach by the State/Police seems to be an attempt to prejudice the court’s mind while deciding the bail application,” the court remarked.

The court rejected the claim that Mahajan was a habitual offender, stating, “Even based on three pending cases, it cannot be said that the applicant qualifies as a ‘habitual offender’.” It also criticised the police for failing to update their records, noting that Mahajan had been acquitted in one case as far back as 2016, yet the status report filed in December 2024 still reflected it as pending.

A police officer said efforts were being made to file compliance reports through affidavits to ensure transparency and accountability in handling bail cases.