Bail cannot be denied as punishment; the absence of prior convictions and the nature of contraband are crucial in granting bail under the NDPS Act.

JUDGMENT :

(Virender Singh, J.)

The applicant has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 116 of 2024, dated 6.7.2024, under Sections 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act”) registered with Police Station Sadar Solan, District Solan, H.P.

2. According to the applicant, he has been falsely implicated in the present case, as he is an innocent person and has nothing to do with the case.

3. Applicant has further pleaded that he is in judicial custody w.e.f. 6.7.2024. As such, it cannot be inferred that his custody is any longer required by the Police.

4. The applicant has averred that he permanent resident of District Mandi, H.P.

5. The applicant had earlier tried his luck, by moving bail application No. 103-S/22 of 2024, before the learned Special Judge-II, Solan, District Solan, H.P. which was dismissed, on 6.8.2024.

6. Thereafter, he has moved another bail application bearing No. 91-S/22 of 2024, before the Court of learned Addl. Sessions Judge, Fast Track Special Court (POCSO), Solan, H.P., which was dismissed on 10.10.2024.

7. The applicant has also given details of two cases, which have already been registered against him, apart from the present matter, as under:

i) FIR No. 19 of 2020, dated 20.2.2020, under Section 21 of the NDPS Act;

ii) 18 of 2024, dated 15.3.2024, under sections 21 and 29 of the NDPS Act.

8. The applicant has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

9. On all these submissions, Mr. Anirudh Sharma, learned counsel appearing for the applicant, has prayed that the bail application may kindly be allowed.

10. When, put to notice, Police has filed the status report, disclosing therein that on 6.7.2024, HC Virender Kumar No. 13 submitted a ruqua, disclosing therein, that he alongwith other police officials, was on patrolling duty and was present near Police Line Gate No. 1 on four-lane road. At about 12:50 a.m in the midnight, he received a secret information regarding the fact that vehicle No. HP 03C-6616 (Honda Amaze) has been parked near Income Tax Office, in which, one person, namely, Rahul Thakur, is sitting, who is doing business of selling/supplying chitta/heroin, and in case, said vehicle is checked, large quantity of contraband could be recovered.

10.1 On the basis of said information, the I.O. complied with the provisions of Section 42 (2) of the NDPS Act. Thereafter, he associated two police officials in the investigation of the case and reached at the spot. When, they reached at the spot, they noticed that on the lower side of the road, the said car was parked. When, the Police disclosed their identity, the person, sitting in the car got perplexed.

10.2 On inquiry, the person, sitting in the car has disclosed his name as Rahul Thakur (applicant). Thereafter, the vehicle was searched. On searching the vehicle, in the cup holder, a transparent plastic pouch was found, which was found containing a light yellow coloured substance, which was found to be chitta/heroin. On weighment, the same was found to be 10.16 grams.

10.3 Other codal formalities were completed. The accused was arrested. The report was sent to SFSL, Junga, from where, a positive report has been received.

10.4 Criminal history of the applicant has also been reiterated, in the status report.

10.5 Investigation, in the present case, is stated to be complete, as, Challan is stated to have been filed and the same is stated to be pending adjudication in the Court of learned Special Judge-II, Solan, H.P., wherein Charges are stated to have been framed and the case is now stated to be fixed for PWs, on 2.4.2025.

10.6 Lastly, it has been submitted that the applicant is very clever person, and in case, he is ordered to be released on bail, he may again indulge in the same activities.

11. On the basis of above facts, a prayer has b