Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.

JUDGMENT :

Virender Singh, J.

1. Applicant-Nihal Manchanda, 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.186 of 2024, dated 21.11.2024, registered, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), with Police Station Nagrota Bagwan, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case.

3. The applicant has termed the case of the police as false, concocted and frivolous. According to him, nothing has been recovered from his possession. Presently, the applicant is stated to be in judicial custody from 21.11.2024.

4. It is the further case of the applicant that investigation in the present case is complete.

5. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail.

6. The applicant has tried his luck by moving similar application before the Court of learned Special Judge-II, Kangra at Dharamshala, which was dismissed on12.03.2025.

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, on 21.11.2024, ASI Ashish Goswami, along with other police official, had left the Police Station, Nagrota Bagwan, for patrolling duty and duty to detect the crime relating to excise and Narcotics.

8.1. At about 9:55 am, when, the police party was present at Nagrota Bus Stand then, the I.O. received a secret information regarding the fact that on National Highway No.154, near Government Degree College Nagrota Bagwan, a white coloured Car bearing No. HR24AC-4070, had been parked, in which two boys were sitting and selling Chitta to the college students.

8.2. According to the informer, in case, the said vehicle, as well as, the boys, who were in the vehicle were searched, then large quantity of Chitta could be recovered.

8.3. The said information was found to be authentic and reliable. As per the I.O., due to paucity of time, in case, he would have obtained search warrants, in that situation, the possibility of removal of the contraband was there. As such, the I.O. complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to SDPO, Kangra through Constable Chander Shaker No.816.

8.4. Thereafter, the I.O. had proceeded towards the spot. On the way, the I.O. had associated Ajay Walia and Suresh Chand, as independent witnesses, after apprising them about the secret information. Thereafter, they reached at the spot, where, vehicle No.HR24AC 4070 was found parked on the side of the road, in which, two persons were there.

8.5. Thereafter, their antecedents were inquired. On inquiry, the person, who was on the wheel, disclosed his name as Nihal Manchanda (applicant) and the person sitting on the front seat had disclosed his name as Akhil Rana. They were also apprised about the secret information, which the I.O. had received.

8.6. Thereafter, option, as per Section 50 was given to them, upon which, both of them had opted to give their search to the gazetted officer. Thereafter, SDPO, Kangra was requested to come to the spot, upon which, SDPO, Kangra reached. Thereafter, they were searched and from their personal search, nothing incriminating was found.

8.7. Thereafter, the vehicle was searched and during the search of the vehicle, 40.56 grams of Chitta was recovered.

9. After completion of other codal formalities, the FIR in question was registered and the accused persons were arrested. Thereafter, the case property was produced before the ASI/SHO Surender Kumar.

10. Thereafter, the details regarding the movable and immovable property, as we