IMPORTANT POINT
The main legal principle established is that the grant of anticipatory bail in NDPS cases is exceptional and should be based on the absence of prima facie evidence, the nature of the alleged contraband, and the accused's cooperation with the investigation.

JUDGMENT :

Ranjan Sharma, J.

Petitioner, Roshan Lal has come up before this Court under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), seeking pre-arrest bail, originating from FIR No. 28 of 2024, dated 26.02.2024, registered with Police Station Karsog, District Mandi (HP), under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

2. The bail petitioner submits that he is an innocent person and he has been falsely implicated and he has nothing to do with the alleged offence. It is submitted that nothing is to be recovered from him and no fruitful purpose will be served by keeping him in judicial custody.

2(i). Apart from this, the bail petitioner has given certain undertakings that he shall participate in the investigation and trial thereafter and shall not cause any inducement, threat or promise to any witness or person acquainted with the case and shall not tamper with the evidence in any manner. It is averred that in case of release, the bail petitioner shall abide by all other conditions which may be imposed by this Court.

3. Upon issuance of notice by this Court on 27.2.2024, the State Authorities/Police have filed the Status Report, disclosing that on 25.02.2024 at about 07.45 p.m., ASI Het Ram along with HC Rupain Kumar No.13, HHC Bhupender Raj No. 286, LHC Vinod Kumar No. 234, and Constable Jagdish Kumar No. 224 were present near Forest Rest House Shorshan for patrolling and traffic checking duty. On noticing the police, both the accused (i.e. Hem Raj and Roshan Lal-bail petitioner have) tried to flee away from the spot. Due to this, suspicion developed in the mind of the Police/Investigating Officer that there might be some objectionable item with them in a bag. As a result of this, the accused Hem Raj, who was actually carrying the bag (Pithoo) was apprehended at the spot. It is further averred that on opening the bag the contraband (Charas) was recovered from Hem Raj, which on weighing, came out to be 206 grams, which was taken into possession by the police. After completing the required codal formalities, the rukka was sent, leading to the registration of F.I.R. No 28 of 2024 dated 26.02.2024 against the accused Hem Raj and Roshan Lal-bail petitioner herein, as mentioned hereinabove. It is averred in the status report that Roshan Lal, bail petitioner herein, is alleged to have fled away from the spot and thereafter, the bail petitioner is stated to have moved this Court seeking anticipatory bail and on 27.02.2024, the Coordinate Bench of this Court, granted him respiteby way of interim bail.

3(ii). In the Status Report, the police apprehends that in case petitioner is released on bail, he may again indulge in such type of activities and may coerce the witnesses. On all these submissions, a prayer has been made to dismiss the bail application.

4. Heard Mr. Het Ram Thakur, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General for the Respondent-State.

5. Before dealing with the present application, it is relevant to take note of the provisions of Section 438 of the Code of Criminal Procedure and Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which read as under:

Section 438

Direction for grant of bail to person apprehending arrest:

(1). Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter-alia, the following factors, namely:-

(i) the nature and gravity of the accusation;

(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

(iii) the possibility of the applicant to flee from