Pre-trial punishment is prohibited, and the presumption of innocence remains until proven guilty, allowing bail when investigation is complete and no prior cases exist.

JUDGMENT :

Virender Singh, J.

1. The above named applicants have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') with a prayer to release them on bail, during the pendency of trial, in case FIR No.17 of 2025, dated 22.01.2025, registered, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), with Police Station, Dharamshala, District Kangra, H.P.

2. According to the applicants, they are innocent persons and have falsely been implicated by the Police in the present case and presently, they are in judicial custody.

3. Both the applicants have put forward the fact that except the present case, no other case has been registered against them.

4. Applicant Ayush Soni has asserted the fact that he is working in Merchant Navy and in the month of May, 2024, returned back to India. Thereafter, he was trying to get admission for higher education and transferred the amount of Rs.2,53,000/- to the account of his co-accused.

5. It is the further case of the applicants that the investigation, in the present case, is complete and no useful purpose would be served by keeping them in judicial custody, as chances of commencement and conclusion of the trial against them, in near future, are not so bright.

6. Applicants have filed similar applications before learned Special Judge-III, Kangra at Dharamshala, District Kangra, however, their applications have been dismissed vide order dated 2.4.2025 and 17.04.2025.

7. On the basis of the above facts, learned counsel appearing for the applicants have given certain undertakings, to which, the applicants are ready to abide by, in case, the applicants are ordered to be released on bail.

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

9. When put to notice, the police has filed the status report, disclosing therein, on 22.01.2025, HC Shashi Pal No.39, along with other police officials, was on patrolling duty in official vehicle No. HP39E-3253:

9.1. At about 12.50 a.m., in the midnight, when the I.O., along with other police officials, reached at Petrol Pump Sakoh, then he noticed a vehicle coming in the high speed from Gaggal side.

9.2. On seeing the police vehicle, driver of the said vehicle, all of a sudden take a cut and drove the vehicle at a very high speed towards Sakoh side, as such, the I.O. raised suspicion in his mind that some objectionable item could be there in the vehicle, as such, he directed the driver of his vehicle to chase the said vehicle, registration number of which was HP39B-9902.

9.3. When, the police vehicle was chasing the vehicle bearing registration No.HP39B-9902, its driver increased its speed, upon which, the I.O. informed SI Vijay Singh, who was already on patrolling, to intercept the said vehicle coming on the Sakoh road.

9.4. After chasing the said vehicle, the driver of the said vehicle drove the vehicle through Radio Colony link road towards Chilgadi, however, in that process, the vehicle struck against the RCC retaining wall. Thereafter, three boys were found to have alighted down from the vehicle, who ran towards Rodikut road side.

9.5. One boy was nabbed by ASI Vijay Singh, at a distance of 20 meters, however, other persons could not be nabbed, as it was the night time. The person, so nabbed, gave a fist blow on the right eye of ASI Vijay Singh. The said person was overpowered by other police officials. On inquiry, he disclosed his name as Shanshak Bisht. He also disclosed the names of his companion, who allegedly ran away from the sport, as Ayush Soni and Shwetang Shahi @Shinu.

9.6. Constable Abhishek Kumar was sent to arrange independent witness. At about 1.25 a.m., he came back with one person namely Manoj Kumar, who was associated as independent witness. In the presence of said independent witnesses, the vehicle was searched and during search, from underneath the foot mat of front seat,