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-Shami Kumar has sought his release, on bail, during the pendency of the trial, in case FIR No.73 of 2023, dated 13.07.2023, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station East Shimla, District Shimla, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, by the police, on the ground that the contraband, weighing 13.63 gms of chitta/heroin, was recovered from the vehicle, being driven by Kuldeep Kumar and it has allegedly been revealed by accused Kuldeep Kumar that he has purchased chitta from one Shami, R/o Panchkula (applicant).

3. It is the case of the applicant that the story of the prosecution is highly improbable and police has not considered the fact that the applicant is doing the business and also paying Income Tax Returns.

4. It is the further case of the applicant that he is having no other case, registered against him and the inv