HEM RAJ SHARMA(Not Applicable) vs STATE OF HP(Not Applicable) — CR.R/711/2025

Case under Bharatiya Nagarik Suraksha Sanhita Section 438. Disposed: Contested--Disposed Off on 27th May 2026.

Case disposed

CNR: HPHC010547742025

Filing Number

CR.R/8369/2025

Filing Date

03-Sep-2025

Registration No

CR.R/711/2025

Registration Date

18-Dec-2025

Judge

Hon'ble Mr. Justice Sandeep Sharma

Coram

Hon'ble Mr. Justice Sandeep Sharma

Bench Type

Single

Judicial Branch

Criminal Section

Decision Date

27-May-2026

Nature of Disposal

Contested--Disposed Off

Last updated 02-Jun-2026

Acts & Sections

Bharatiya Nagarik Suraksha Sanhita Section 438

Petitioner(s)

  1. 1.HEM RAJ SHARMA(Not Applicable)

    Adv. Roop Lal Chaudhary,H.R.Sidhu,H.R.Sidhu, ,H.R.Sidhu

Respondent(s)

  1. 1.STATE OF HP(Not Applicable)

    Adv. AG 1123

Case History

  1. Case disposedDisposed

  2. 27-May-2026

    Hon'ble Mr. Justice Sandeep SharmaView PDF

    Case Summary: CR.R/711/2025 The High Court of Himachal Pradesh quashed the trial court's vehicle confiscation order, finding procedural violations under the NDPS Act. The lower court had ordered confiscation of petitioner Hem Raj Sharma's Alto car (used by his driver in drug trafficking) without providing prior notice to the vehicle owner or hearing him on the confiscation issue, despite Section 63(2) of the NDPS Act mandating such notice. Since Sharma testified as a prosecution witness that his driver misused the vehicle without his knowledge, the court held confiscation improper absent evidence of his connivance or knowledge. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 04-May-2026

    Hon'ble Mr. Justice Sandeep SharmaView PDF

  4. 24-Dec-2025

    Hon'ble Mr. Justice Virender SinghView PDF

  5. 24-Dec-2025

    Admission After Notice

    Hon'ble Mr. Justice Virender Singh

  6. 18-Dec-2025

    Hon'ble Mr. Justice Virender SinghView PDF

  7. 03-Sep-2025

    Case filed

    Registration No. CR.R/711/2025

casestatus.in Summary

Case Summary: CR.R/711/2025 The High Court of Himachal Pradesh quashed the trial court's vehicle confiscation order, finding procedural violations under the NDPS Act. The lower court had ordered confiscation of petitioner Hem Raj Sharma's Alto car (used by his driver in drug trafficking) without providing prior notice to the vehicle owner or hearing him on the confiscation issue, despite Section 63(2) of the NDPS Act mandating such notice. Since Sharma testified as a prosecution witness that his driver misused the vehicle without his knowledge, the court held confiscation improper absent evidence of his connivance or knowledge. This case analysis is maintained by casestatus.in based on publicly available court records.

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