Point of Law: Object of bail is to secure attendance of accused in trial and proper test to be applied in solution of question whether bail should be granted or refused is whether it is probable that party will appear to take his trial.

JUDGMENT :

Sandeep Sharma, J.

Since in all the above captioned cases, common question of law has arisen for adjudication and facts are almost similar, all the cases were clubbed and heard together and now, are being disposed of vide common judgment.

2. Bail petitioners namely Raghav Saini, Ram Lal, Harpinder and Manish Tomar @ Mani, who are behind the bars since 27.8.2022, 3.4.2022, 15.3.2022 and 28.9.2022, respectively, have approached this court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail, in case FIR No(s). 182, 15, 46 and 104 of 2022, dated 27.8.2022, 3.4.2022, 15.3.2022 and 28.9.2022, registered at Police Station Paonta Sahib, District Sirmaur, Himachal Pradesh, Police Station Kupvi, District Shimla, Himachal Pradesh, Police Station Rohru, District Shimla, HP and Police Station Paonta Sahib, District Nahan, H.P., under Sections 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the NDPS Act”), respectively.

3. Certain facts of each case, which may be relevant for adjudication, are being noticed herein below:

Cr.MP(M) No. 2866 of 2022

4. On 27.8.2022, police after having received secrete information that bail petitioner namely Raghav Saini, indulges in illegal trade of narcotics stopped his motorcycle bearing registration No. UP-11-BH-8390 at Behral barrier, Paonta Sahib and allegedly recovered 20 bottles of cough syrup namely Codeine Phosphate containing 1.25 mg Triprolidine Hydrochloride and 10 mg codeine phosphate (100 ml. each).

CrMP(M) No. 731 of 2022

5. On 3.4.2022, police stopped one car bearing registration No. HP-08A-3539 (Alto 800) being driven by the bail petitioner Ram Lal for checking and allegedly, recovered 540 bottles of cough syrup containing Codeine Phosphate.

CrMP(M) No. 770 of 2023

6. On 15.3.2022, police after having noticed suspicious activity of the bail petitioner namely Happender Singh, who was coming on foot from Patsari side, apprehended him and allegedly recovered 50 bottles of Codeine Phosphate and Chlorpheniramine Maleate Syrup Choco Cough Syrup (100 ml each).

Cr.MP(M) No. 824 of 2023

7. On 28.9.2022, police after having received secrete information that bail petitioner namely Manish Tomar @ Mani, indulges in illegal trade of narcotics conducted raid in his room and allegedly, recovered 15 bottles of Corex-T containing Codeine Phosphate and 33 grams of Chitta.

8. Since no explanation came to be put forth by the accused, in all the above captioned cases, qua the possession of aforesaid quantity of contraband, police after having completed codal formalities lodged FIRs as detailed herein above and since then, bail petitioners are behind the bars. Since investigation in the cases is complete and nothing remains to be recovered from the bail petitioners, coupled with the fact that there is an inordinate delay in conclusion of the trial, they have approached this Court in the instant proceedings, praying therein for grant of regular bail.

9. Mr. Deepak Kaushal, Senior Advocate with Mr. Aditya Chouhan, Mr. Vijay K. Arora, Mr. Bhoop Singh, Mr. Ravi Tanta and Mr. Devashish Kainthla, Advocates, appearing on behalf of the respective petitioners vehemently argued that bail petitioners have been falsely implicated and as such, they need to be enlarged on bail. While making this Court peruse Section 2 of Sub Clause (xi) of the NDPS Act, above named counsel vehemently argued that contraband allegedly recovered from the conscious possession of the bail petitioners does not fall in the definition of the “Manufactured Drug”. If it is so, recovery of drugs, if any, from the conscious possession of the bail petitioners cannot be said to be under the NDPS Act as defined under Section 2 (xiv) of the NDPS Act, which specifically defines “Narcotic Drug” as coca leaf, cannabis, opium, poppy straw and includes all manufactured goods. While referring to Section 2 (xi)(b) of the NDPS Act, learned counsel for the petitioner(s) argued that though Central Gove