The presumption of innocence remains intact despite multiple cases against the applicant, and bail is granted as the quantity of contraband does not constitute 'commercial quantity' under the NDPS Act.

JUDGMENT :

Virender Singh, J.

1. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Manish Kashyap has sought his release, on bail, during the pendency of the trial, in Case FIR No. 130 of 2024, dated 20.11.2024, registered under Sections 21 and 29 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 the present case and has been arrested by the police.

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

4. In addition to this, the applicant has also given the details of the case, which has been registered against him, apart from the present case, by submitting that FIR No.107/2024 dated 14.08.2024, under Sections 21, 29 and 27A of NDPS Act, has already been registered against him. However, according to him, he has not been convicted by the competent Court of law, in the above-noted case.

5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Rohru, Camp at Theog, District Shimla, Himachal Pradesh. However, the same was dismissed vide order dated 21.12.2024.

5.1. Thereafter, the applicant had moved bail application, bearing CrMP(M) No.629 of 2025, before this Court. However, the said application was dismissed as withdrawn, vide order dated 28.03.2025.

6. Apart from this, Mr. Sunil Kumar, 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.

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

8. When, put to notice, the police has filed the status report, disclosing therein, that on 20.11.2024, IO ASI Narender Kumar, PP Fagu, received a secret information, at about 01:30 in the midnight, regarding the fact that vehicle No. HP09-B-1876, make Ignis, colour silver, being driven by its driver, was coming from Fagu to Theog side, in which, two persons were sitting and having large quantity of narcotics substance with them. As such, IO found the said information to be authentic and reliable and since, the Court was situated at a considerable distance and according to the IO, in case, he would have made efforts to obtain authorization letter of search warrant, in that eventuality, there were chances that the contraband could be removed from there. As such, he has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to SDPO, Theog.

8.1. It is the case of the police that subsequently, IO, along with other police officials, had put the picketing at main Fagu Chowk, at about 01:50 in the midnight. Thereafter, IO requested the drivers of the vehicles, crossing therefrom, to become independent witnesses, but, all of them had shown their inability. As such, IO associated HC Vinod No.192 and Ct. Dinya No.1563 in the raiding party.

8.2. It is the further case of the police that at about 01:55 in the midnight, from Kufri side, IO noticed vehicle No. HP09-B-1876, being driven by its driver, and gave signal to stop the said vehicle. Consequently, the driver of the said vehicle stopped his car. Apart from the driver, another person was found sitting in the said vehicle. Subsequently, IO enquired their names and addresses. Then, the person, who was on wheel, disclosed his name as Manish Kashyap S/o Mohan Lal Kashyap (applicant) and the another person, sitting next to Manish Kashyap (applicant), disclosed his name as Rohit Verma, S/o Aadi Ram. Thereafter, IO had also apprised the grounds for the search of their vehicle and both of them were directed to come