The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses.

JUDGMENT :

(Virender Singh, J.)

Applicant-Harshit Sharma, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.46 of 2024, dated 04.04.2024, registered, under Sections 20, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Palampur, District Kangra, H.P.

2. According to the applicant, he has falsely been arrested, in the present case, on the allegations that the taxi, being driven by him, when, searched by the police party, Charas weighing 1 kilogram 30 grams was recovered.

3. It is the further case of the applicant that no recovery has been effected from him and he is innocent person and earning his livelihood, by plying taxi. He has no knowledge as to what was being carried by the passenger.

4. As per the applicant, he is in custody for the last about one year. Investigation, in the present case, is stated to have been completed.

5. All these facts have been highlighted to show that the custodial interrogation of the applicant is no longer required by the Police, in this case.

6. The applicant has also tried his luck by moving similar application, before learned Special Judge-II, Kangra at Dharamshala, however, his application was dismissed, vide order, dated 27^th November, 2024.

7. Lastly, it has been pleaded that he is young boy of 21 years and no one is there to look after his aged parents.

8. On the basis of the above facts, Mr. N.K. Thakur, learned Senior Advocate assisted by Mr. Divya Raj Singh & Mr. Karanveer Singh, Advocates, appearing for the applicant, has argued that the applicant is entitled to the relief, as claimed in the application.

9. In order to substantiate his arguments, learned Senior counsel has relied upon the decision of Hon’ble Supreme Court in Criminal Appeal No.1221 of 2017 titled Sri Shankar Dongarisaheb Bhosale versus The State of Karnataka.

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

11. When put to notice, the police has filed the status report disclosing therein, that on 03.04.2024, at about 10.15 p.m., HC Sudesh Kumar No.79, along with other police officials, was on patrolling duty to detect the crime relating to excise and Narcotic drugs and was present at a place known as Upper Daad, at Chamunda Palampur road. In the meanwhile, they noticed a white coloured Alto Car bearing registration No.HP01D-8247, being driven by its driver, coming from Chamunda side.

11.1. The driver of the said car, on noticing the vehicle of the police, at once, turned his vehicle on the link road. Since, the link road was not so wide, as such, he could drive the same only upto 20 meters.

11.2. The activities of the driver raised suspicion in the mind of the I.O., that he might be having stolen articles in his vehicle, upon which, the I.O. and other police officials reached at the place, where, the vehicle was stopped by its driver.

11.3. Since, the I.O., intended to search the vehicle, on the suspicion that some stolen articles might be there, as such, he has associated two independent witnesses passing through there; namely Kalyan Chand and Sunny Kumar, after apprising them about the factual position.

11.4. Thereafter, the person, who was on the wheel, was inquired, who on inquiry disclosed his name as Harshit Sharma (applicant) and the person sitting on the front seat disclosed his name as Dimpi Dadhwal. Both the persons were directed to remain sitted in the vehicle with a direction to switch on the cabin light.

11.5. When, the light was switched on, then the I.O. noticed a small bag, lying near the feet of Dimpi Dadhwal, which, on opening, was found to be containing Charas and on weighment, it was found to be 1 kilogram 30 grams.

11.6. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registr