IMPORTANT POINT
The court granted bail, emphasizing the presumption of innocence and the lack of necessity for continued custody after investigation completion.

JUDGMENT :

Virender Singh, Judge

Applicant Ngawang Nyima has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNS S ’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 11 of 2025, dated 11.1.2025, registered under Sections 21, 29- 61-1985 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’), and Section 212 (A) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS ’), with Police Station, Dharamshala, District Kangra, H.P.

2. The applicant has pleaded that he is an innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the alleged offence, for which, he has been arrested, by the police.

3. According to the applicant, no recovery has been effected from his possession. Investigation, in the present case, is stated to be completed. As such, according to the applicant, his custodial interrogation is no longer required by the Police, in this case.

4. It is the case of the applicant that the arrest of the applicant, in the present case, is far from truth, with a view to malign his reputation.

5. As per the applicant, he is in the judicial custody since 11.1.2025.

6. The applicant has tried his luck by moving bail application No. 17-D/XXII/2025, before the Court of learned Special Judge-I, Kangra at Dharamshala, District Kangra, H.P., however, the same was dismissed, on 27.2.2025.

7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail.

8. On these submissions, a prayer has been made to allow the bail application.

9. When put to notice, the police has filed the status report, disclosing therein, that on 11.1.2025, ASI Suneet Kumar, I.O., Police Station, Dharamshala, alongwith other police officials, was on patrolling duty and duty to detect the crime, relating to excise. When, the I.O. was checking the vehicles on the By pass Chowk, Dharamshala, at about 5:55 p.m., he noticed a motorcycle coming from Mackleodganj, on which, two persons were sitting.

9.1 On seeing the Police party, the motorcyclist got perplexed and tried to turn back the motor-cycle, upon which, ASI Suneet Kumar directed his associates to nab the motorcyclist. In the meanwhile, the pillion rider threw away a small packet, on the left side of the road. Both the persons were nabbed. Registration number of the motor cycle was HP38G-3296.

9.2 On inquiry, the motorcyclist disclosed his name as Yogesh Rana, S/o Rohan Singh, whereas, the pillion rider disclosed his name as Ngawang Nyima, S/o Tashi (applicant). Since, both the persons got perplexed, as such, the I.O. developed suspicion in his mind that the small packet, thrown by the applicant, might be containing some illegal/objectionable thing. As such, he has associated one Kuldeep Singh, who was waiting for the bus, at the spot, as independent witness.

9.3 In the presence of said person, the plastic packet thrown by the applicant was opened. On opening, the same was found to be containing white/light brown granule shaped substance. Both the persons disclosed that the said substance is chitta/heroin. When, ASI Suneet Kumar checked the same, it was found to be chitta on the basis of experience. On weighment, the said chitta was found to be weighing 9.09 grams. Other codal formalities were completed. Thereafter, accused persons were arrested.

9.4 The contraband, so recovered, was sent to SFSL, Junga, from where, the positive report has been received. Investigation, in the present case, is stated to be completed and charge sheet is stated to have been filed in the Court of learned Additional Sessions Judge-II, Kangra at Dharamshala and the case is now stated to be listed, on 5.5.2025, for checking of copies.

9.5 As per the status report, another case bearing FIR No. 155 of 2018, dated 3.8.2018, under Sections 22-61-55 of the