The court emphasized that bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offenses.

JUDGMENT :

(Virender Singh, J.)

Applicant-Roshan Lal, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, in a case, arising out of FIR No. 200 of 2023, dated 23^rd June, 2023, registered with Police Station Sadar, Kullu,District Kullu, H.P., under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

2. According to the applicant, he has falsely been implicated, in this case, and arrested by the police, at the instance of some interested persons, for allegedly possessing contraband (charas), weighing 3.15 kg, and, he has nothing to do with the commission of the alleged offence.

3. As per the case of the applicant, he belongs to a respectable family and is deeply rooted in the society. According to the applicant, he is permanent resident of District Kullu, as such, there is no likelihood of his absconding or jumping over the bail, if granted to him.

4. The investigation, in the present case, is stated to be complete. As per the applicant, the charge sheet has been filed, the competent Court of law has taken the cognizance and charges have been framed, however, out of 22 prosecution witnesses, till date, only four witnesses have been examined and the case was fixed for 3rd March, 2025.

5. The applicant has sought his release, mainly, on the ground of inordinate delay in trial.

6. Apart from this, the learned counsel appearing on behalf of 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, police has filed the status report, disclosing therein that on 23^rd June, 2023, Inspector Daya Ram, Incharge, SIU, Kullu, alongwith other police official, was on patrolling duty and when, they were present at a bridge on Jari-Malana road, then, at about 1.30 p.m., from Malana side, a white coloured car, being driven by its driver, came there. The registration of the said vehicle was found to be HP 01K 6991. Only, the driver was there in the car.

8.1. When, the car was stopped, the driver questioned the act of the police, as, they were in civil dress, upon which, the IO has shown his identity card. Upon this, the said person got perplexed. On inquiry, the said person disclosed his name as Roshan Lal, s/o Shyam Lal (applicant). When, the car was checked, contraband, i.e. charas, weighing 3 kg 15 gram was recovered.

8.2. On the basis of the ruqua, submitted by the IO, FIR was registered and the accused (applicant) was arrested. After receiving the positive report from SFSL Junga, charge sheet has been filed against the applicant, before the competent Court of law and the case was listed for recording the statements of the prosecution witnesses on 3^rd March, 2025.

9. The applicant, in the present case, has been arrested, under the provisions of NDPS Act. The legislature, in its wisdom, has enacted this statute to curb the menace of drug abuse with stringent punishment. Certain conditions are there in the NDPS Act in the shape of Section 37 of NDPS Act, which are, in addition to the conditions, as contained in Section 483 of the BNSS. Before releasing a person on bail, those conditions, as enumerated under Section 37 of the NDPS Act, are to be fulfilled, if the accused has been arrested for the offence, involving commercial quantity of contraband.

10. Once, it has been held that the contraband allegedly recovered from the possession of the accused (applicant) falls in the category of ‘commercial quantity’, as per the Notification issued by the Central Government, then, the rigors of Section 37 of the NDPS Act come into play.

11. The contraband allegedly recovered from the applicant, admittedly, falls within th