IMPORTANT POINT
The court ruled that bail cannot be denied as a form of punishment, emphasizing the presumption of innocence and the absence of commercial quantity in the contraband case.

JUDGMENT :

Virender Singh, J.

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant- Ghanshyam @Sonu has sought his release, on bail, during the pendency of the trial, in case FIR No.331 of 2024, dated 13.12.2024, registered under Sections 18 and 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar Hamirpur, District Hamirpur, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in this case, for allegedly possessing 194.16 gms of charas and 14.71 gms of opium, by the police.

3. It is the case of the applicant that he is no longer required by the police for investigation.

4. As per applicant, he is the sole bread-earner of his family and cannot be kept in the judicial custody for indefinite period.

5. It has been averred in the application that previously, five other FIRs have been registered against him, out of which, two cases are under the provisions of NDPS Act.

5.1. In case FIR No.288/95, the applicant has been convicted, under Section 457 of the Indian Penal Code (hereinafter referred to as the ‘IPC’). In case FIR No.133/14, registered under Section 21 of the NDPS Act, he has been acquitted in the appeal, whereas, cases, bearing FIR No.136/23, registered under Sections 20 and 29 of NDPS Act, FIR No.26/12 and FIR No.137/13, both registered under the provisions of IPC, are still pending adjudication.

6. Apart from this, Mr. Rajul Chauhan, Legal Aid Counsel, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant 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 bail application.

8. When, put to notice, the police has filed the status report, disclosing therein, that ASI Puran Bhagat Singh, I/O PS Sadar Hamirpur, has submitted a ruqqa to the Police Station, mentioning therein that on 13.12.2024, at about 05:55 pm, when, he, along with other police officials, was on patrolling duty, then, he noticed a person near Shiv Temple Chowk, Anu.

9. According to the police, on seeing the police party, the said person was trying to hide himself. As such, IO developed a suspicion in his mind. On seeing the police personnel, he alighted down from the vehicle. The said person had thrown away the bag, which he was carrying. Thereafter, in the presence of independent witnesses, the said person was nabbed and on enquiry, he has disclosed his name as Ghanshyam @Sonu S/o Desh Raj R/o Village Jhanikar, PO Barara, Tehsil Tauni Devi, District Hamirpur, H.P. (applicant).

10. Subsequently, on opening the bag, which was thrown away by the applicant, the contraband, weighing 194.16 gms of charas and 14.71 gms of opium, was recovered. Other codal formalities were completed.

11. Thereafter, the FIR in question has been registered and accused (applicant) was arrested.

12. The contraband, so recovered, was sent to SFSL, Junga, for chemical analysis, from where, positive report was received.

13. As per the status report, following cases are stated to have been registered, against the applicant:-

“(i) FIR No.288/95, registered under Section 457 IPC with PS Sadar, Hamirpur, in which, the applicant has been convicted.

(ii) FIR No.23/12, registered under Section 61-1-14 of the Excise Act, with PS Bhoranj, in which, the applicant has been convicted.

(iii) FIR No.26/12, registered under Sections 323, 504, 34 of IPC, with PS Bhoranj, in which, the applicant has been acquitted.

(iv) FIR No.137/13, registered under Sections 341, 323, 504, 34 of IPC, with PS Bhoranj. The said case is stated to be pending.

(v) FIR No.133/14, registered under Section 20 of NDPS Act, with PS Hamirpur, in which, he has been convicted by the Court of learned CJM, Hamirpur, whereas, acquitted by the Court of learned Sessions J