IMPORTANT POINT
The presumption of innocence remains until proven guilty, and the quantity of contraband does not invoke stringent bail conditions under the NDPS Act.

JUDGMENT :

Virender Singh, J.

Applicant-Abhishek Singh, 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 pendency of trial, in case FIR No.100 of 2024, dated 07.12.2024, registered, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), with Police Station Mehatpur, District Una, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, for allegedly possessing 31.24 grams of Chitta/Heroin.

3. As per the applicant, he has nothing to do with the alleged offence, for which, he has been arrested by the police.

4. As per the applicant, investigation, in the present case, is complete and no useful purpose would be served by keeping him in the judicial custody.

5. The applicant has given the history of earlier case registered against him vide FIR No.138 of 2019, with Police Station Shambhu, District Patiala, Punjab and the copy of the same has also been annexed with the application.

6. The applicant has also tried his luck by moving similar application, before learned Special Judge, Una, District Una, however, his application was dismissed, vide order dated 1^st March, 2025.

7. Highlighting the fact that the applicant is young boy of 22 years, learned counsel for the applicant has submitted that keeping the applicant, in the judicial custody, at this tender age, would adversely affect his future.

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

9. When put to notice, the police has filed the status report, disclosing therein, that on 07.12.2024, accused Abhishek Singh, was intercepted by the I.O., on the basis of secret information and when he was searched, then during search of his motorcycle, Chitta weighing 31.24 grams was recovered.

10. After completion of all codal formalities, the FIR in question was registered and the applicant was arrested.

11. The contraband, so recovered, was sent to SFSL Junga, from where positive report has been received. Thereafter, charge sheet in the Court of learned Special Judge, Una was filed.

12. The relief of bail has been opposed on the ground that against the applicant, FIR No.138 of 2019, has also been registered with Police Station Shambhu (Punjab) under the NDPS Act, for allegedly possessing 220 grams of Chitta. The said case is stated to be pending.

13. On the basis of the above facts, a prayer has been made to dismiss the application.

14. Heard.

15. Investigation, in the present case is complete and the contraband allegedly recovered, in this case, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case.

16. So far as the registration of the other case with Police Station Shambhu, is concerned, admittedly, in the said case, the applicant has not been convicted by the competent Court of law. As such, mere registration of the case, does not take away the presumption of innocence, which is still available to the applicant. A person is presumed to be innocent until proven guilty, after the trial.

17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.100 of 2024, dated 07.12.2024, registered, under Section 21 of the NDPS Act, with Police Station Mehatpur, District Una, H.P., on his furnishing personal bond, in the sum of Rs.50,000/-, with one surety, in the like amount, to the satisfaction of learned Chief Judicial Magistrate/any Judicial Magistrate First Class, stationed at Una.

18. This order of release, however, shall be subject to the following conditions :-

“a) Applicant shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every da