IMPORTANT POINT
Bail – No person accused of an offence involving trade in a commercial quantity of narcotics is liable to be released on bail.

JUDGMENT

Rakesh Kainthla, J.—The petitioners have filed the present petitions seeking regular bail, in FIR No. 216 of 2024, dated 25.11.2024, registered at Police Station Dharamshala, District Kangra, H.P., for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Since both the petitions have arisen out of the same FIR, they are being taken up together for disposal.

2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 25.11.2024 near Tapowan near Vidhan Sabha Chinmay Ashram. They intercepted a vehicle bearing registration No. HP-01D-8971. Another vehicle bearing registration No. HP-73-5202 reached the spot, whose driver tried to reverse it after seeing the police. The police intercepted the vehicle. The driver revealed his name as Anshuman. The person sitting beside the driver revealed his name as Harshdeep Thakur. The police searched the vehicle and recovered 1108 grams of charas. Anshuman disclosed that charas was supplied by Vicky @ Bango. The police arrested Vicky @ Bango. The petitioners were falsely implicated, and there is no material to connect them to the commission of the crime. The prosecution has cited 16 witnesses, out of whom only three have been examined. The trial is not likely to conclude soon. The police have filed the chargesheet before the Court, and no fruitful purpose would be served by detaining the petitioners in custody. Therefore, it was prayed that the present petitions be allowed and the petitioners be released on bail.

3. The petitions are opposed by filing separate status reports asserting that the police had set up a naka at Tapowan on 24.11.2024. The police were checking the documents of the vehicles bearing registration No. HP-01D-8971 at about 10:20 am. A vehicle bearing registration No. HP-73-5202 arrived on the spot, whose driver tried to reverse the vehicle after seeing the police. The police became suspicious and stopped the vehicle. The driver identified himself as Anshuman, and the person sitting beside the driver identified himself as Harshdeep Thakur. The police searched the vehicle and recovered a bag containing 1108 grams of heroin kept near Harshdeep Thakur’s feet. The police arrested the occupants of the vehicle and seized the charas. FIR No. 62 of 2023 was registered against the petitioner, Anshuman. The chargesheet was filed before the Court, and the matter was listed for prosecution evidence on 09.01.2026. The petitioners would indulge in a similar offence if released on bail. Hence, the status report.

4. I have heard Mr. Arvind Sharma, learned Counsel for the petitioner Harshdeep Thakur and Mr. N.S. Chandel, learned Senior Counsel assisted by M/s V.K. Gupta and Shwetima Dogra, learned counsel for the petitioner Anshuman, and Mr. Lokender Kutlehria, learned Additional Advocate General for the respondents/State.

5. Mr. Arvind Sharma, learned counsel for the petitioner Harshdeep Thakur, submitted that the petitioner is innocent and he was falsely implicated. There is no material to connect the petitioner to the commission of the crime. The petitioner was the occupant of the vehicle, which was being driven by Anshuman, and he cannot be connected to the contraband recovered from the vehicle. The police have filed the charge sheet before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr. N.S. Chandel, learned Senior Counsel for the petitioner Anshuman, submitted that the bag was found near Harshdeep Thakur’s feet, and the petitioner had no concern with it. Section 105 of Bhartiya Nagrik Suraksha Sanhita, 2023 requires that the proceedings be video-graphed and submitted to the Magistrate. These provisions are mandatory. The police failed to co