Pre-trial punishment is prohibited; bail granted based on insufficient evidence and prior acquittals.

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-Devinder Singh @Deepu @Deepak Raghav has sought his release, on bail, during the pendency of the trial, in case FIR No.118 of 2024, dated 05.09.2024, registered under Sections 21, 27A and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Sadar, District Shimla, H.P.

2. According to the applicant, he has falsely been implicated, in the present case and has nothing to do with the offences, for which, he has been arrested.

3. Investigation, in the present case, is stated to be completed and the charge-sheet is also stated to have been filed, in the competent Court of law.

4. As per the applicant, the police could not collect the evidence, connecting him with the crime in question.

5. Applicant has also pleaded that the following cases hav e also been registered against him:-

i. FIR No.147/2018 dated 18.07.2018, under Section 21 of NDPS Act, with PS Sadar.

ii. FIR No.201/2018 dated 29.09.2018, under Sections 279 and 337 of IPC, with PS Dhalli.

iii. FIR No.169/2022 dated 18.11.2022, under Section 21 of NDPS Act, with PS Dhalli.

iv. FIR No.21/2023 dated 08.02.2023, under Section 21 of NDPS Act, with PS Dhalli.

v. FIR No.199/2023 dated 06.12.2023, under Section 21 of NDPS Act, with PS Chandigarh.

vi. FIR No.78/2014 dated 31.03.2014, under Section 61 of Excise Act, with PS Pinjore.

6. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-I, Shimla, District Shimla, Himachal Pradesh. However, the same was dismissed vide order dated 16.01.2025.

7. Thereafter, the applicant had filed CrMP(M) No.647 of 2025, before this Court. However, the same was dismissed as withdrawn, vide order dated 24.03.2025.

8. Apart from this, Mr. Mohar Singh, 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.

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

10. When, put to notice, the police has filed the status report, disclosing therein, that 05.09.2024, HC Lalit No.42, I/o Special Cell, Shimla, has submitted the ruqqa to Police Station Sadar, Shimla, mentioning therein that on 05.09.2024, he, along with other police officials, in private vehicle, bearing No.HP52-C-0280, was on traffic checking duty and duty to prevent the crime.

10.1. It is the case of the police that they had done the patrolling towards Old Bus Stand, Tara Hall, Lakkar Bazar and Sanjauli etc. At about 02:00 pm, when, HC Lalit, along with other police officials, was present at Bus Stop, Tara Hall, then, he received a secret information regarding the fact that one Deepak Raghav, R/o Devli Colony (applicant), is coming to take away the chitta, kept by some unknown person, as, the location of the place, where chitta has been kept, has been sent to said Deepak Raghav (applicant) on his mobile phone and in case, the said person is nabbed, heroin/chitta could be recovered. The said information was found to be authentic and reliable 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 the superior officer, Special Cell, Shimla.

10.2. Thereafter, IO proceeded towards the said place i.e. Tara Hall to IGMC and Sanjauli side. At about 02:45 pm, when, IO, along with other police officials, has alighted down from the vehicle, then, on seeing the police party, Devinder Singh @Deepu @Deepak Raghav (applicant) threw a small plastic envelope out