The court ruled that the applicant's possession of a non-commercial quantity of narcotics allows for bail, emphasizing the presumption of innocence and the prohibition of pre-trial punishment.

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-Harsh Saini has sought his release, on bail, during the pendency of the trial, in case FIR No.03 of 2025, dated 09.01.2025, registered under Sections 21, 29 and 27A of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Theog, District Shimla, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in this case, for allegedly possessing 76.050 gms of heroin/chitta.

3. Applicant has also put forward his young age as one of the grounds, seeking relief of bail, by pleading that he is 20 years old and is preparing for NEET Examination, for the last two years.

4. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Rohru, District Shimla, Himachal Pradesh. However, the same was dismissed as withdrawn, vide order dated 21.01.2025.

4.1. Thereafter, the applicant had filed the second bail application, before the Court of learned Special Judge, Rohru, Camp at Theog, District Shimla, which was dismissed, vide order dated 19.03.2025.

5. Apart from this, Mr. Abhimanyu Thakur, Advocate, 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.

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

7. When, put to notice, the police has filed the status report, disclosing therein, that on 08.01.2025, IO/SI Nahenderjit, along with other police officials, was on patrolling duty and duty to detect crime, relating to narcotics, in their official vehicle, bearing No.HP63-B-6290.

7.1. It is the case of the police that on the same day, IO received a secret information regarding the fact that one person, on motorcycle, bearing registration No.CH01-CP- 7096, make Royal Enfield, is coming to the spot, upon which, local witnesses were associated and information, under Section 42(2) of the NDPS Act, was submitted to the superior officers.

7.2. When, IO, while doing the patrolling duty, was about to reach at bypass Rahighat, he noticed a motorcyclist, having rucksack on his back, on the side of the road, to whom, SI Nahenderjit enquired his name and searched the rucksack, which, on opening, was found to be containing chitta and on weighing the same, the contraband was found to be 76.050 gms, which was taken into possession. Other codal formalities were completed.

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

7.4. Later on, involvement of two other persons, namely Harsh Verma, S/o Ravinder Verma and Sunny, S/o Kala Singh, was also found, on the basis of the financial transactions with applicant-Harsh Saini. As such, both the said persons were also arrested, in this case.

7.5. It has been apprehended in the status report that the applicant is the resident of Uttrakhand and in case, he is ordered to be released on bail, he may again indulge in the same activity and also may not be available for the trial.

7.6. As per the status report, investigation of the present case is complete.

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

9. Heard.

10. In this case, admittedly, the contraband, allegedly stated to have been recovered, does not fall, within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable, in this case.

11. Once, it has been held that the rigors of Section 37 of the NDPS Act are not applicable, in that eventuality, the presumption of innocence is still available to the applicant, as the bail application cannot be rejected merely as a matter of punishment, since, pre-tri