ORDER :

1. Petitioner is accused in case registered, vide FIR No. 14 of 2021 dated 27.03.2021, at Police Station, Sainj, District Kullu, H.P. under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Petitioner seeks bail under Section 439 of the Code of Criminal Procedure (for short ‘Code’) in the above noted case on the ground that his implication is false. He alleges that no recovery was effected from him. As per petitioner, he had been working as agricultural labour in District Kullu and on the fateful night he had taken lift in the vehicle of Ram Krishan, who was acquainted with him as they hailed from the same area.

3. It has also been canvassed on behalf of petitioner that he has no previous criminal history. He is permanent resident of Village Luhnu Kanaita, P.O. Chandpur, Tehsil Sadar, District Bilaspur, H.P. He belongs to a very poor family and the entire burden of maintaining the family is on him. The investigation of the case is complete and there is no justification to prolong the custody of petitioner. There is no apprehension of petitioner fleeing from the course of justice.

4. On notice, respondent has placed on record status report. The case of respondent is that on 27.3.2021, police party headed by HC Anupam Kumar No. 13 had laid “Nakka” at place Larji. At about 4.30 A.M. a vehicle bearing No. HP-24B-6994 (Tata Tigor) was stopped for checking. Immediately, another vehicle bearing No. HP-24C-6968 (Pickup) followed and stopped behind the Tata Tigor car. Two persons occupying vehicle bearing No. HP-24B-6994 immediately alighted and ran towards river. Vehicle bearing No. HP-24C-6968 (Pick-up) was occupied by its driver named Vinod Kumar. On search of said vehicle HP-24C-6968 “Charas” was recovered, which weighed 1 KG and 555 grams. Vinod Kumar was arrested. As per his version, the recovered “Charas” belonged to Ram Krishan and Deep Ram @ Nittu, who were occupants of the car bearing No. HP-24B-6994.

5. Ram Krishan and petitioner were arrested on 30.03.2021. As per the case of police, they disclosed that they had purchased the recovered contraband from Dave Ram, who was also arrested on the same day. As per disclosure made by Dave Ram, he had purchased the contraband from Saina Devi on 26.03.2021. The investigation is stated to have been completed. Challan has been filed and matter is pending before learned Special Judge, Kullu.

6. I have heard learned counsel for petitioner as well as learned Senior Additional Advocate General, for the State.

7. It has been argued on behalf of petitioner that he had taken lift in the vehicle of Ram Krishan to visit his home as he was working as an agricultural labour in District Kullu. It has further been stated on behalf of petitioner that he ran from the spot as he was asked to do so by Ram Krishan. He was not aware about the transactions relating to contraband allegedly recovered from the other vehicle.

8. It is not in dispute that commercial quantity of contraband is involved in the instant case. The challan has been presented in the Court for offences under Sections 20, 25 and 29 of the NDPS Act. Thus, the rigors of Section 37 of the NDPS Act will be applicable in the instant case.

9. In State of Kerala and Others vs. Rajesh and Others, (2020) 12 SCC 122, it has been held as under:

“19. The scheme of Section 37 reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 of the Cr.P.C. but is also subject to the limitation placed by Section 37 which commences with non-obstante clause. The operative part of the said section is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the Act, unless twin conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application and the second, is that the Court must be satisfied that there are reasonable grounds for believ