IMPORTANT POINT
The classification of contraband as commercial quantity under the NDPS Act necessitates a higher threshold for bail, impacting the applicant's eligibility for release.

JUDGMENT :

Virender Singh, J.

Applicant-Rakesh Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ' BNSS '), with a prayer to release him on bail, during the pendnecy of trial, arising out of FIR No.105 of 2024, dated 25.04.2024, registered under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Nalagarh, District Solan, H.P.

2. According to the applicant, he has been named as accused and arrested by the Police in the said case on 25.04.2024.

3. As per the applicant, he has no connection with the contraband shown to be recovered by the Police, in this case.

4. The applicant has termed the FIR registered against him, as false, registered, on the basis of concocted facts, by asserting the fact that he is an innocent person.

5. It is the further case of the applicant that investigation, in the present case, is complete, as the Police has filed the charge-sheet against him, which is pending in the Court of learned Sessions Judge, Solan. Hence, his custodial interrogation is no longer required.

6. Apart from this, the applicant, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

7. On the basis of the above facts, a prayer has been made to allow the application.

8. When put to notice, the police has filed the status report disclosing therein, that on 25.4.2024 HC Rakesh Kumar No.42, I.O., along with other police officials, had left Police Post Dabhota, for patrolling duty towards Bhatiyan, Jhiriwala side.

8.1. At about 6.30 p.m., the I.O, along with other police officials, was present on the link road from Jhiriwala to Bhatiyan, then, the I.O, noticed a person coming on foot from Jhiriwala side and he was moving towards Bhatiyan side, having blue coloured carry bag in his hand. On seeing the Police vehicle on the spot, the said person, at once, turned towards Katcha path in the fields and had started to run away. His activities raised suspicion, as such, driver was directed to stop the vehicle and with the help of other police official, the said person was nabbed.

8.2. On inquiry, the said person has disclosed his name as Rakesh Kumar (applicant). Thereafter, a passer- by, who has disclosed his name as Balwinder Singh, was also apprised about the facts and was requested to associate the police party as independent witness. In the presence of said Balwinder Singh, when, the I.O. inquired from Rakesh Kumar (applicant) about the carry bag, he has disclosed that the said carry bag was containing medicines.

8.3. On checking the same, it was found containing another black coloured polythene envelope in it, which, on opening, was found to be containing 16 strips, having 60 tablets, in each strip and 9 small strips, having 40 tablets, in each strip, total 1320 tablets of Diphenoxylate Hydrochloride & Atropine Sulphate.

8.4. The applicant could not produce a valid document/licence to carry those 1320 lomotil tablets. As such, all the tablets were put into the same packet and were sealed with 3 seals of seal having impression ‘M’.

8.5. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused was arrested.

8.6. Thereafter, proceedings, under Section 52A of the NDPS Act, were got conducted by producing the same before the learned Additional Chief Judicial Magistrate, Nalagarh and the contraband, so recovered, was sent to SFSL Junga, from where, the following report has been received, which has been reproduced, in the status report:-

"The exhibit stated to be tablets of Lomotil is a sample of Diphenoxylate Tablets"

9. Lastly, it has been mentioned, in the status report, that except the present case, no other case has been found to be registered against the applicant.

10. The investigation is stated to be complete, as the Police