The main legal point established is the presumption of innocence, the purpose of bail to secure attendance at trial, and the need to balance individual liberty with the interests of society.

Sandeep Sharma, J:

By way of instant bail petition filed under Section 439 of Cr.PC, a prayer has been made on behalf of the applicant/bail petitioner for grant of regular bail in case FIR No. 103/17 dated 22.5.2017, under Section 21-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (In short the “NDPS Act”) and Section 18 of Drugs and Cosmetics Act, registered at P.S. Nalagarh, District Solan, H.P.

2. Sequel to order dated 15.12.2017, ASI Yograj, P.S. Nalagarh, District Solan, H.P., has come present alongwith records. Record perused and returned. Mr. Vikram Thakur, learned Deputy Advocate General, has also placed on record status report, which has been prepared on the basis of record of investigating agency, perusal whereof suggests that police patrolling party intercepted a Tavera Vehicle bearing No. PB-23F-0090 at Kalyanpur. Police on checking the vehicle, recovered 8 cartons, out of which, five cartons were containing 100 bottles each of syrup namely Elturex-T cough Syrup 100 ml, whereas other three cartons contained 100 strips each of capsules namely Tramadex and gelatin containing tramadol hydrochloride IP 50 mg Batch No GTXC-002, manufactured in India by laborate Pharmaceuticals India Unit-2#31 Rajban Road, Nariwala Paonta Sahib, H.P. Since occupants of the vehicle including present bail petitioner were unable to produce valid papers with regard to the transportation/possession of aforesaid psychotropic substance, police confiscated the contraband and after completion of necessary codal formalities, lodged formal FIR against the accused and since then, the bail petitioner is in custody.

3. Mr. H.S. Rana, Advocate, representing the petitioner while inviting attention of this court to the record/status report strenuously contended that drugs allegedly recovered from the vehicle were purchased by the bail petitioner against his valid licence and there is nothing on record suggestive of the fact that bail petitioner indulged in the illegal sale of drugs, rather same were purchased from the authorized pharmaceutical company for selling the same in the shop being run at Kurali, Tehsil and District Ropar, Punjab, by the present bail petitioner. Mr. Rana further contended that other co-accused namely Lal Singh already stands released on bail and as such, present bail petitioner also deserves to be enlarged on bail. Lastly, Mr. Rana contended that quantity of contraband allegedly recovered from the bail petitioner is not of commercial quantity and as such, rigors of Section 37 of the NDPS, Act are not attracted. Mr. Rana further contended that challan stands filed in the competent court of law and nothing is required to be recovered from the bail petitioner at this stage. There is nothing on record adduced by the Investigating Agency, from where, it can be inferred that in the event of bail petitioner’s being enlarged on bail, he may flee from the justice.

4. Mr. Vikram Thakur, learned Deputy Advocate General, while opposing the aforesaid prayer having been made by the learned counsel for the petitioner contended that keeping in view the gravity of offence allegedly committed by the bail petitioner, he does not deserve to be enlarged on bail. Though, Mr. Thakur, fairly conceded that during investigation, it has come that drugs/psychotropic substance was purchased from JMD Pharmaceuticals by the bail petitioner on the strength of his licence, but contended that same was not meant for purchase of prohibited drugs i.e. Codiene, Dextropropoxyphene, Diphenoxylate, Nitrazepam, Pentazocine and Buprinorphine and theirsalts, rather same was for purchase and sale of surgical and medical devices, veterinary, OTC medicines and Lab Reagents. Lastly, Mr. Thakur, contended that since prohibited drugs/contraband was recovered from the vehicle occupied by the bail petitioner and as such, possibility of his involvement in the alleged crime i.e. illegal trade of prohibited drugs, with other co-accused cannot be ruled out and