Point of Law : Contraband recovered in the case is intermediate quantity and hence, rigors of Section 37 of the NDPS Act will not be applicable.

ORDER :

1. Petitioner is an accused in case registered vide FIR No. 137 of 2021, dated 29.12.2021, at Police Station, Dharampur, District Solan, H.P. under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (for short ‘NDPS Act’).

2. Petitioner has approached this Court for grant of bail under Section 439 Cr.P.C. in above noted case, on the grounds that he is innocent and has nothing to do with the case. It is stated that no contraband was recovered from the conscious possession of the petitioner. Petitioner is stated to be an occupant of a car alongwith four other persons namely Lalit Kumar, Savita Thakur, Ajay Kumar and Avneet Aulokh. As per petitioner, he had taken lift in the vehicle and had no knowledge about the conduct of other occupants. The police is stated to have recovered contraband from Avneet Aulokh. Petitioner has disclosed his age as 24 years and has stated that he is permanent resident of Baktora Colony, Hospital Road, Solan, H.P. and there is no likelihood of his fleeing from the course of justice. Petitioner has undertaken not to tamper with prosecution evidence and also to abide by all the conditions as may be imposed against him. It is stated that petitioner has no criminal history except the registration of a case under Sections 379, 34 IPC at Police Station, Solan in the year 2013. Petitioner was juvenile at that time and was directed by the Principal Magistrate, Juvenile Justice Board, Solan to render service in hospital for 40 hours in Regional Hospital, Solan.

3. In response, the status report has been filed. It is stated that on 28.12.2021 at about 7.18 P.M. an information was received at Police Station, Dharampur, through helpline No. 112 to the effect that a Vehicle No. HP-63A-5755 was approaching Dharampur from the side of Parwanoo and some girl had been abducted. On this information, the Vehicle No. HP-63A-5755 was stopped by the police party. The vehicle was being driven by Ajay Kumar, who was accompanied his wife Avneet Aulokh on the adjoining front seat. On the rear seat one Savita Thakur, Lalit Kumar and petitioner were found sitting. In the meantime the complainant Gurinder Singh and his wife Mona Singh R/o Chandigarh reached the Police Station. On inquiry, Savita Thakur disclosed that she was forcibly brought by Lalit Kumar. She also raised suspicion that Lalit Kumar could be in possession of some intoxicants. After compliance of Sections 42(2) and 50 of the NDPS Act, search of occupants of the car was conducted. Number of capsules and tablets branded as “Whisper Ulra, Spas-Trancan Plus, Tramadol, Acetaminophen, Nitrazepam” etc. were recovered from the person of Avneet Aulokh. As per SFSL report, recovered Capsules weighed 166.244 grams and recovered Tablets weighed 24.166 grams. As per scientific opinion, the Capsules and Tablets were found to be sample of Tramadol and Nitrazepam. The quantity of contraband was found to be intermediate quantity of the NDPS. It is further stated that the petitioner was arrested on 29.12.2021 at 3.30 A.M. Petitioner was diagnosed to be drug user and was prescribed medicine by the doctor. The investigation is stated to be complete.

4. I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and have also gone through the status report.

5. The contraband recovered in the case is intermediate quantity and hence, rigors of Section 37 of the NDPS Act will not be applicable. From the status report filed by the respondent, it cannot be inferred that petitioner had knowledge of the conduct of the co-occupant of the car namely Avneet Aulokh, who was carrying the contraband on her person. Petitioner is stated to have availed lift in the car of Ajay Kumar and Avneet Aulokh, who were known to him.

6. The allegations against the petitioner are yet to be proved. Pre-trial incarceration is not warranted in the facts of the case as the same will serve no fruitful purpose. Petitioner is permanent resident of