The court ruled that the contraband did not constitute 'commercial quantity', thus allowing bail under reasonable conditions despite the applicant's criminal history.

JUDGMENT :

Virender Singh, J.

1. Applicant Sagar Bhatti has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in Case FIR No. 9 of 2025, dated 18.1.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Nagrota Bagwan, District Kangra, H.P.

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

3. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered from his possession.

4. According to the applicant, the contraband involved in the present case, does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not application in this case.

5. The applicant has given the details of the criminal cases, which have been registered against him. The same are reproduced as under:

i) FIR No. 130 of 2018, under Section 379 B, 34 IPC, registered with Police Station Civil Lines, Amritsar, Punjab.

ii) FIR No. 142 of 2018, under Section 379 B, 34 IPC, in which the applicant is stated to have been acquitted.

iii) FIR No. 13 of 2018, under Section 21 of the NDPS Act, registered with Police Station E-Division, District Amritsar.

6. 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.

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

7.1. When put to notice, the police has filed the status report, disclosing therein that I.O. Surinder Kumar submitted a ruqua, disclosing therein, that on 18.1.2025, he alongwith other police officials, left the Police Station, in a private vehicle, for patrolling duty, and the duty to detect the crime, relating to Excise and Narcotic Drugs. When, the I.O. alongwith other police officials, was on patrolling, and the Police party was present near the liquor vend, near Sunehra Pull, then, at a small distance from liquor vend towards Nagrota Bagwan, I.O. noticed two persons standing there, upon which, the I.O. directed the driver of the vehicle to slow down the vehicle. On seeing the Police, both the aforesaid persons tried to hide themselves and flee away. In that process, the person, who had worn a blue coloured jeans, took out something from his pocket and threw it on the side of the road.

7.2 On this, the I.O. developed a suspicion in his mind and he directed to stop the vehicle. Thereafter, the I.O. inquired the names and address of the aforesaid persons, upon which, one person disclosed his name as Sagar Bhatti (applicant) and the other person disclosed his name as Manish.

7.3 In the meanwhile, the I.O. noticed two persons moving on the road. On inquiry, both of them disclosed their names as Vidya Sagar and Suman Kumar, respectively. The I.O. requested them to be the witnesses. The I.O. lifted the packet, thrown by the applicant and his accomplice, which, on checking with the help of drug detection kit, was found to be the chitta/heroin. On weighment, the said contraband was found to be 24.25 grams. Other codal formalities were completed and after registration of the FIR, the aforesaid persons were arrested.

7.4 In the status report, the Police has also confirmed the criminal history, which the applicant has given in the bail application. According to the Police, investigation in the present case, is complete and charge-sheet has been filed in the competent Court of law, which is now pending in the Court of learned Special Judge-II, Dharamshala, District Kangra, H.P. The case is now stated to be listed for9.6.2025.

7.5 On the basis of above facts, it has been apprehended that the applica