The court ruled that the rigours of Section 37 of the NDPS Act do not apply to the petitioner as the quantity of heroin is intermediate, allowing for bail under reasonable conditions.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 170 of 2024, dated 19.10.2024, for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered at Police Station Kangra, H.P.

2. As per the prosecution, the police recovered 6.07 grams of heroin during the personal search of the accused. The petitioner is innocent, and he was falsely implicated. The rigours of Section 37 of the NDPS Act do not apply to the present case because the quantity stated to have been recovered from the petitioner’s possession is an intermediate quantity. The petitioner is a permanent resident of District Kangra, and there is no chance of his absconding. The investigation is complete, and the charge sheet has been filed before the Court. The matter was listed for consideration of charge on 22.02.2025 and there is no likelihood of early completion of trial. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, the present petition.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 19.10.2024 when the police received a secret information that the petitioner was selling narcotics, and in case of his search, the police could recover a huge quantity of narcotics. The police reduced the information into writing and sent it to Dy. S.P., Kangra. The police associated two independent witnesses and found the petitioner near the Government Primary School, Ujjain. He tried to run after seeing the police. The police apprehended him. The petitioner opted to be searched before a Gazetted Officer, and his personal search was conducted before Dy.S.P. Kangra. The police recovered 6.07 grams of heroin during the personal search of the petitioner. The police arrested the petitioner and seized the heroin. The heroin was sent to SFSL, Junga, H.P. and as per the report, it was found to be a sample of Diacetylmorphine (Heroin). The police filed the charge sheet on 17.12.2024, and the matter was listed on 22.02.2025 for consideration of the charge.

4. I have heard Mr Vinod Kumar Soni, learned counsel for the petitioner and Mr Jitender K. Sharma, learned Additional Advocate General for the respondent/State.

5. Mr Vinod Kumar Soni, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The quantity of heroin stated to have been recovered from the petitioner’s possession is intermediate and the rigours of Section 37 of the NDPS Act do not apply to the present case. The petitioner is the first offender, and he should be given a chance to reform. He would abide by all the terms and conditions, which the Court may impose. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Jitender K. Sharma, learned Additional Advocate General for the respondent/State, submitted that the petitioner was found in possession of 6.07 grams of heroin. Heroin is affecting the younger generation adversely. Therefore, he prayed that the present petition be dismissed.

7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

8. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ramratan v. State of M.P., 2024 SCC OnLine SC 3068, wherein it was observed as under: -

“12. The fundamental purpose of bail is to ensure the accused's presence during the investigation and trial. Any conditions imposed must be reasonable and directly related to this objective. This Court in Parvez Noordin Lokhandwalla v. State of Maharastra (2020) 10 SCC 77 observed that though the competent court is empowered to exercise its discretion to impose “any condition” for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court