The court considered the nature of the offense, the petitioner's criminal history, the stage of investigation, and the likelihood of the petitioner tampering with evidence or fleeing from justice in deciding on the bail application.

ORDER :

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 7/22, dated 20.1.2022, under Sections 21 and 29 of the ND&PS Act, registered at Police Station Chirgaon, District Shimla.H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. As per the prosecution story, on 20.1.2022, a police team was on routine patrol duty, and during patrolling and traffic checking at about a distance of 50-60 meter from Chirgao Bridge towards Sandasu Road Bridge, a white Honda Amaze, bearing registration No. HP-10B-6465, came from Chirgao side. On inquiring about the papers, the driver of the vehicle got perplexed and the person sitting besides him also got perplexed. On suspicion, the vehicle of the accused was checked and during checking a plastic packet was recovered. On checking the plastic packet, grey substance was found. On weighing the substance, it was found 17.57 grams of Heroin. Police completed all the codal formalities and the petitioner was arrested. A case under the apt Sections of ND&PS was registered and the investigation ensued. Police recorded the statements of the witnesses and prepared the spot map. It is prayed that at this stage, the bail application of the petitioner be dismissed.

4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, as investigation is complete; nothing remains to be recovered at the instance of the petitioner and challan stands presented in the learned Trial Court. The custody of the petitioner is not at all required by the police for investigation, so the petitioner is required to be enlarged on bail by allowing the instant bail application. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence and considerable quantity of narcotic substance was recovered from his possession, so in case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice. It is prayed that the bail application of the petitioner be dismissed.

6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner is neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. His custody is not at all required by the police, as the investigation is complete, nothing remains to be recovered at the instance of the petitioner, even challan stands presented in the learned Trial Court. Moreover, the petitioner is behind the bars for near about one month and cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition.

7. At this stage, considering the fact that the alleged recovered quantity of contraband is less than commercial quantity, so rigors of Section 37 of the ND&PS Act are not applicable to the instant case, the fact that the petitioner is first time offender, considering age of the petitioner, who is 37 years old, the fact that now the investigation is complete, even challan stands presented in the learned Trial Court, the custody of the petitioner is not at a