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 :

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. As per petitioner, Ajay Kumar was driving the vehicle, his wife Avneet Aulokh was sitting with him and on rear seats, Savita Thakur, Himanshu Sahotra and the petitioner were sitting. The occupants of the vehicle were produced before the Incharge, Police Station, Dharampur. The informant, Gurinder Singh also came there and disclosed that the girl (Savita Thakur) was being taken forcibly by the petitioner. Savita Thakur also raised suspicion that the petitioner might have some intoxicants with him. During personal search of the accused persons namely Ajay, Himanshu and the petitioner, nothing was recovered. The police is stated to have recovered contraband from Avneet Aulokh. Petitioner has disclosed his age as 33 years and has stated that he is permanent resident of Chakkar, Tehsil and District Shimla, 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 is involved in six cases vide FIR Nos. 39 of 2009, dated 18.4.2009 under Sections 379, 34 IPC registered at Police Station, Kumarsain, District Shimla, 59/2009, dated 13.4.2009, under Sections 379, 34 IPC registered at Police Station, Sadar, Shimla, 138/2011, dated 5.7.2011, under Section 20 of the NDPS Act, Sections 341, 323, 324, 34 IPC and Sections 25, 54, 59 of the Arms Act, registered at Police Station, Boileauganj, Shimla, 03/2011, dated 02.01.2011 under Sections 341, 323, 34 IPC, registered at Police Station, Boileauganj, Shimla, 277 of 2011 dated 4.12.2011, under Sections 147, 148, 149, 323, 427 IPC, registered at Police Station, Boileauganj, Shimla and FIR No.136 of 2021 dated 28.12.2021, under Sections 365, 342, 323, 34 IPC registered at Police Station, Dharampur, District Solan, H.P. Out of these cases, in three cases the petitioner has been acquitted and three cases are still pending in the Courts.

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 by his wife Avneet Aulokh on the adjoining front seat. On the rear seat one Savita Thakur, Himanshu Sahotra and the 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 the petitioner. She also raised suspicion that the petitioner 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 pet